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Full text of "North Carolina Register v.10 no. 1 (4/3/1995)"

33^ 



Digitized by the Internet Archive 

in 2011 with funding from 

University of North Carolina at Chapel Hill 



http://www.archive.org/details/northcarolinareg101nort 



£ I ^fchJU*. -fable. Q> 



• 



NORTH CAROLINA 

REGISTER 



VOLUME 10 • ISSUE 1 « 

April 3, 1995 



Pages 1-54 



» 



IN THIS ISSUE 

Executive Order 

Decision Letter 

Correction 

Cultural Resources 

Environment, Health, and Natural Resources 

Labor 

Plumbing, Heating and Fire Sprinkler Contractors 

Professional Counselors, Board of 

RRC Objections 

Contested Case Decisions 



4 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 







EAXITT^ "l Tft&STT 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published twice a month and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the 
General Statutes. All proposed administrative rules and notices of 
public hearings filed under G.S. 150B-21.2 must be published in 
the Register. The Register will typically comprise approximately 
fifty pages per issue of legal text. 

State law requires that a copy of each issue be provided free of 
charge to each county in the state and to various state officials and 
institutions. 

The North Carolina Register is available by yearly subscription 
at a cost of one hundred and twenty dollars ($120.00) for 24 
issues. Individual issues may be purchased for ten dollars 
($10.00). 

Requests for subscription to the North Carolina Register should 
be directed to the Office of Administrative Hearings, PO Drawer 
27447, Raleigh. NC 27611-7447. 

ADOPTION, AMENDMENT, AND REPEAL OF RULES 

The following is a generalized statement of the procedures to be 
followed for an agency to adopt, amend, or repeal a rule. For the 
specific statutory authority, please consult Article 2A of Chapter 
15 0B of the General Statutes. 

Any agency intending to adopt, amend, or repeal a rule must 
first publish notice of the proposed action in the North Carolina 
Register. The notice must include the time and place of the public 
hearing (or instructions on how a member of the public may 
request a hearing); a statement of procedure for public comments: 
the text of the proposed rule or the statement of subject matter; the 
reason for the proposed action; a reference to the statutory 
authority for the action and the proposed effective date. 

Unless a specific statute provides otherwise, at least 15 days 
must elapse following publication of the notice in the North 
Carolina Register before the agency may conduct the public 
hearing and at least 30 days must elapse before the agency can take 
action on the proposed rule. An agency ma)' not adopt a rule that 
differs substantially from the proposed form published as part of 
the public notice, until the adopted version has been published in 
the North Carolina Register for an additional 30 day comment 
period. 

When final action is taken, the promulgating agency must file the 
rule with the Rules Review Commission (RRC). After approval 
by RRC. the adopted rule is filed with the Office of Administrative 
Hearings (OAH). 

A rule or amended rule generally becomes effective 5 business 
days after the rule is filed with the Office of Administrative 
Hearings for publication in the North Carolina Administrative 
Code (NCAC). 

Proposed action on rules ma)' be withdrawn by the promulgating 



agency at any time before final action is taken by the agency or 
before filing with OAH for publication in the NCAC. 

TEMPORARY RULES 

Under certain emergency conditions, agencies may issue 
temporary rules. Within 24 hours of submission to OAH, the 
Codifier of Rules must review the agency's written statement of 
findings of need for the temporary rule pursuant to the provisions 
in G.S. 150B-21.1. If the Codifier determines that the findings 
meet the criteria in G.S. 150B-21.1, the rule is entered into the 
NCAC. If the Codifier determines that the findings do not meet 
the criteria, the rule is returned to the agency. The agency may 
supplement its findings and resubmit the temporal-) rule for an 
additional review or the agency may respond that it will remain 
with its initial position. The Codifier, thereafter, will enter the 
rule into the NCAC. A temporary rule becomes effective either 
when the Codifier of Rules enters the rule in the Code or on the 
sixth business day after the agency resubmits the rule without 
change. The temporary rule is in effect for the period specified in 
the rule or 180 days, whichever is less. An agency adopting a 
temporary rule must begin rule-making procedures on the 
permanent rule at the same time the temporary rule is filed with 
the Codifier. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is a 
compilation and index of the administrative rules of 25 state 
agencies and 40 occupational licensing hoards. Compilation and 
publication of the NCAC is mandated by G.S. 150B-21 .18. 

The Code is divided into Titles and Chapters. Each state agency 
is assigned a separate title which is further broken down bv 
chapters. Title 21 is designated for occupational licensing boards. 
The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum cost of 
two dollars and 50 cents ($2.50) for 10 pages or less, 
plus fifteen cents ($0.15) per each additional page. 
Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Administrative 
Hearings. 

(2) The full publication and supplement service is printed 
and distributed by Barclays Law Publishers. It is 
available in hardcopy, CD-ROM and diskette format. 
For subscription information, call 1-800-888-3600. 

CITATION TO THE NORTH CAROLINA REGISTER 

The North Carolina Register is cited by volume, issue, page 
number and date. 10:01 NCR 1-67, April 3, 1995 refers to 
Volume 10, Issue 1. pages 1 through 67 of the North Carolina 
Register issued on April 3. 1995. 



FOR INFORMATION CONTACT: Office of Administrative Hearings. ATTN: 
NC 27611-7447, (919) 733-2678, FAX (919) 733-3462. 



Rules Division, PO Drawer 27447. Ralegh. 



♦ 



NORTH CAROLINA 




Volume 1 0, Issue 1 
1 - 



> 



April 3, 1 995 



This issue contains documents officially 
filed through March 20, 1995. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



IN THIS ISSUE 



I. EXECUTIVE ORDER 

Executive Order 72 1 

II. IN ADDITION 

Voting Rights Act 2 

Tax Review Board 3-11 



in. PROPOSED RULES 

Correction 

Criminal Justice Partnership Program 12 

Cultural Resources 

State Library, Division of 12 

Environment, Health, and Natural Resources 

Environmental Management 13-26 

Wildlife Resources Commission 26-39 

Labor 

Labor 12-13 

Licensing Boards 

Plumbing, Heating and Fire Sprinkler Contractors, 

Board of Examiners . 39-40 

Professional Counselors, Board of 

Licensed 40-43 

IV. RRC OBJECTIONS 44 

V. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 45-47 

Text of Selected Decisions 
94 OSP 0739 48-51 

VI. CUMULATIVE INDEX 53 



Julian Mann D3, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 



♦ 



NORTH CAROLINA REGISTER 

Publication Schedule 

(November 1994 - September 1995) 



Volume 
and 
Issue 

Number 


Issue 
Date 


Last Day 
for Fil- 
ing 


Last Day 
for Elec- 
tronic 
Filing 


Earliest 

Date for 

Public 

Hearing 

15 days 

from 

notice 


* End of 

Required 

Comment 

Period 

30 days 

from 

notice 


Last Day 

to Submit 

to RRC 


** Earliest 

Effective 

Date 


9:15 


11/01/94 


10/11/94 


10/18/94 


11/16/94 


12/01/94 


12/20/94 


02/01/95 


9:16 


11/15/94 


10/24/94 


10/31/94 


11/30/94 


12/15/94 


12/20/94 


02/01/95 


9:17 


12/01/94 


11/07/94 


11/15/94 


12/16/94 


01/03/95 


01/20/95 


03/01/95 


9:18 


12/15/94 


11/22/94 


12/01/94 


12/30/94 


01/17/95 


01/20/95 


03/01/95 


9:19 


01/03/95 


12/08/94 


12/15/94 


01/18/95 


02/02/95 


02/20/95 


04/01/95 


9:20 


01/17/95 


12/21/94 


12/30/94 


02/01/95 


02/16/95 


02/20/95 


04/01/95 


9:21 


02/01/95 


01/10/95 


01/18/95 


02/16/95 


03/03/95 


03/20/95 


05/01/95 


9:22 


02/15/95 


01/25/95 


02/01/95 


03/02/95 


03/17/95 


03/20/95 


05/01/95 


9:23 


03/01/95 


02/08/95 


02/15/95 


03/16/95 


03/31/95 


04/20/95 


06/01/95 


9:24 


03/15/95 


02/22/95 


03/01/95 


03/30/95 


04/17/95 


04/20/95 


06/01/95 


10:1 


04/03/95 


03/13/95 


03/20/95 


04/18/95 


05/03/95 


05/22/95 


07/01/95 


10:2 


04/17/95 


03/24/95 


03/31/95 


05/02/95 


05/17/95 


05/22/95 


07/01/95 


10:3 


05/01/95 


04/07/95 


04/17/95 


05/16/95 


05/31/95 


06/20/95 


08/01/95 


10:4 


05/15/95 


04/24/95 


05/01/95 


05/30/95 


06/14/95 


06/20/95 


08/01/95 


10:5 


06/01/95 


05/10/95 


05/17/95 


06/16/95 


07/03/95 


07/20/95 


09/01/95 


10:6 


06/15/95 


05/24/95 


06/01/95 


06/30/95 


07/17/95 


07/20/95 


09/01/95 


10:7 


07/03/95 


06/12/95 


06/19/95 


07/18/95 


08/02/95 


08/21/95 


10/01/95 


10:8 


07/14/95 


06/22/95 


06/29/95 


07/31/95 


08/14/95 


08/21/95 


10/01/95 


10:9 


08/01/95 


07/11/95 


07/18/95 


08/16/95 


08/31/95 


09/20/95 


11/01/95 


10:10 


08/15/95 


07/25/95 


08/01/95 


08/30/95 


09/14/95 


09/20/95 


11/01/95 


10:11 


09/01/95 


08/11/95 


08/18/95 


09/18/95 


10/02/95 


10/20/95 


12/01/95 


10:12 


09/15/95 


08/24/95 


08/31/95 


10/02/95 


10/16/95 


10/20/95 


12/01/95 



This table is published as a public service, and the computation of time periods are not to be deemed 
binding or controlling. Time is computed according to 26 NCAC 2B .0103 and the Rules of Civil 
Procedure, Rule 6. 

* An agency must accept comments for at least 30 days after the proposed text is published or until 
the date of any public hearing, whichever is longer. See G.S. 150B-2 1.2(f) for adoption procedures. 
** The "Earliest Effective Date" is computed assuming that the agency follows the publication schedule 
above, that the Rules Review Commission approves the rule at the next calendar month meeting after 
submission, and that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st 
day of the next calendar month. 



Revised 10/94 



EXECUTIVE ORDER 



EXECUTIVE ORDER NO. 72 

NORTH CAROLINA STATE 

POSTSECONDARY ELIGIBILITY 

REVIEW COMMISSION 



WHEREAS, The Higher Education Act of 1965, Title IV, 
United States Code, created Federal Financial Assistance 
programs and access to them for students enrolled in 
accredited higher and postsecondary education institutions 
and that Act is reauthorized every five years; and 

WHEREAS, The Higher Education Act Amendments of 
1992 included a new provision, Part H - Program Integrity 
Triad, Subpart 1 - State Postsecondary Review Program, 
which requests and authorizes each state to designate a State 
Postsecondary Review Entity; and 

WHEREAS, with due diligence and concern for the 
education providers in the State of North Carolina, the 
Governor has been advised that designating a representative 
Commission to act as the N.C. State Postsecondary Review 
Entity will best serve the intent of the legislation and the 
needs of the education community. 

NOW, THEREFORE, by the authority vested in me as 
Governor by the laws and Constitution of the State of North 
Carolina, IT IS ORDERED: 

Section L Establishment. 

The North Carolina State Postsecondary Eligibility Review 
Commission is hereby established to carry out the State's 
responsibility under Title IV USC, Part H. All acts done by 
the Commission prior to the execution of this Order are 
hereby ratified. 

Section 2. Duties. 



The Commission shall guide the activities of the State's 
Postsecondary Review Program, serve as the State's 
Postsecondary Review Entity, prepare the Eligibility Review 
Standards, and implement the Postsecondary Institutional 
Eligibility Review process on behalf of the United States 
Secretary of Education. 



Section 3^ Membership. 

The Commission shall be composed of five members 
appointed by the Governor from the following categories: 

A. One representative of public higher education; 

B. One representative of private higher education; 

C. One representative of community colleges; 

D. One representative proprietary schools; and 

E. One at-large representative. 

The Executive Directors of the N.C. State Education 
Assistance Authority and the N. C. State Approving Agency 
shall serve as ex-officio members. The members shall serve 
two-year terms. The Chairperson shall be chosen by the 
membership to serve a term as agreed to by the membership 
and the selected chair. In the event a position becomes 
vacant, the Governor shall appoint another member to fill 
the unexpired term. 

Section 4 Expenses. 

Commission members shall receive necessary per diem, 
travel and subsistence expenses, pursuant to N. COS. 138- 
5, if available. Funds to support these expenses, to the 
extent permitted by federal law, shall be paid from federal 



Section 5. Administrative Support. 

A. The Commission is authorized, to the extent federal 
funds are available, to hire such personnel as to necessary 
to fulfill its mission. Personnel shall be directly accountable 
to the Commission. 

B. The North Carolina Department of Administration 
shall provide administrative fiscal management services to 
the Commission. 

Section 6+ Review. 

The Commission membership shall review its need to 
continue to exist April 1, 1996 and every two years thereaf- 
ter. Following each review, the Commission shall recom- 
mend that the Governor either extend or rescind this 
Executive Order. 



Done in the Capital City of Raleigh, North Carolina, 
the 6th day of March, 1995. 



this 



10:1 



NORTH CAROLINA REGISTER 



April 3, 1995 



IN ADDITION 



This Section contains public notices that are required to be published in the Register or have been approved by the 
Codifier of Rules for publication. 



( 



U.S. Department of Justice 

Civil Rights Division 

DLP:GS:RA:tlb Voting Section 

DJ 166-012-3 P.O. Box 66128 

94-4615 Washington, D.C. 20035-6128 

February 17, 1995 

Richard J. Rose, Esq. 

Poyner & Spruill 

P. O. Box 353 

Rocky Mount, North Carolina 27802 

Dear Mr. Rose: 

This refers to Ordinance No. 0-94-25 which annexes 20 areas (Nos. 200-219), and the designation of these areas 
to districts for the City of Rocky Mount in Edgecombe and Nash Counties, North Carolina, submitted to the Attorney 
General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your 
submission on December 19, 1994. 

The Attorney General does not interpose any objection to the specified changes. However, we note that Section 
5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the 
enforcement of the changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 

Sincerely, 

Deval L. Patrick 

Assistant Attorney General 

Civil Rights Division 



By: 



Elizabeth Johnson 
Acting Chief, Voting Section 



NORTH CAROLINA REGISTER April 3, 1995 10:1 



IN ADDITION 



f 



STATE OF NORTH CAROLINA 



COUNTY OF WAKE 



BEFORE THE 
TAX REVIEW BOARD 



IN THE MATTER OF: 

The Proposed Assessment of controlled excise tax for 
possession of non-tax paid controlled substance on 30 
April 1993 against Jesse Lee Higdon 



ADMINISTRATIVE 
DECISION NUMBER: 



290 



» 



THIS MATTER was heard before the Tax Review Board (hereinafter "Board") on 24 January 1995 in the City 
of Raleigh, Wake County, North Carolina. It involves an appeal by Jesse Lee Higdon (hereinafter "Taxpayer") from the 
Final Decision of Michael A. Hannah, Assistant Secretary for Legal and Administrative Services for the Department of 
Revenue (hereinafter "Assistant Secretary") entered on 16 September 1993, sustaining a proposed controlled excise tax 
assessment of 30 April 1992. 

Chairman Harlan E. Boyles presided over the hearing with ex officio member, Hugh Wells, Chairman, Utilities 
Commission and duly appointed member, Jeff D. Batts, Attorney at Law. 

Thomas K. Maher, Attorney at Law, appeared on behalf of the Taxpayer; Christopher E. Allen, Associate Attorney 
General, appeared on behalf of the Department of Revenue. 

AND rr APPEARING TO THE BOARD: that the findings of fact made by the Assistant Secretary were fully 
supported by competent evidence in the record, that the conclusions of law made by the Assistant Secretary were fully 
supported by the findings of fact, and that the decision by the Assistant Secretary was fully supported by the conclusions of 
law; 



IT IS THEREFORE ORDERED that the Final Decision of the Assistant Secretary is CONFIRMED in every 



respect. 



Entered this the 17th day of February, 1995. 



TAX REVIEW BOARD 



Harlan E. Boyles, Chairman 
State Treasurer 



Hugh Wells 

Chairman, Utilities Commission 



Jeff D. Batts 



ft 



10:1 



NORTH CAROLINA REGISTER 



April 3, 1995 



IN ADDITION 



STATE OF NORTH CAROLINA 



COUNTY OF WAKE 



BEFORE THE 
TAX REVIEW BOARD 



< 



IN THE MATTER OF: 

The Proposed Assessment of additional Sales and Use Tax 
for the period of 7 July 1986 through 30 September 1990 
against Boatland of Wylie, Inc. 



ADMINISTRATIVE 
DECISION NUMBER: 



291 



THIS MATTER was heard before the Tax Review Board (hereinafter "Board") on 24 January 1995 in the City 
of Raleigh, Wake County, North Carolina. It involves an appeal by Boatland of Wylie, Inc. (hereinafter "Taxpayer") from 
the Final Decision of Michael A. Hannah, Assistant Secretary for Legal and Administrative Services for the Department of 
Revenue (hereinafter "Assistant Secretary") entered on 10 November 1993, sustaining a proposed assessment of additional 
sales and use tax for the period of 7 July 1986 through 30 September 1990. 

Chairman Harlan E. Boyles presided over the hearing with ex officio member, Hugh Wells, Chairman, Utilities 
Commission and duly appointed member, Jeff D. Batts, Attorney at Law. 

Lisa G. Caddell, Attorney at Law, appeared on behalf of the Taxpayer; Marilyn R. Mudge, Associate Attorney 
General, appeared on behalf of the Department of Revenue. 

AND IT APPEARING TO THE BOARD: that the findings of fact made by the Assistant Secretary were fully 
supported by competent evidence in the record, that the conclusions of law made by the Assistant Secretary were fully 
supported by the findings of fact, and that the decision by the Assistant Secretary was fully supported by the conclusions of 
law; 



respect. 



TT IS THEREFORE ORDERED that the Final Decision of the Assistant Secretary is CONFIRMED in every 



Entered this the 17th day of February, 1995. 



TAX REVIEW BOARD 



Harlan E. Boyles, 
State Treasurer 



Chairman 



Hugh Wells 

Chairman, Utilities Commission 



Jeff D. Batts 



NORTH CAROLINA REGISTER 



April 3, 1995 



10:1 



IN ADDITION 



STATE OF NORTH CAROLINA 



COUNTY OF WAKE 



BEFORE THE 
TAX REVIEW BOARD 



IN THE MATTER OF: 

The Proposed Assessment of additional Sales and Use 
Tax for the period of 1 July 1989 through 30 June 1992 
against Genetic Design, Inc. 



ADMINISTRATIVE 
DECISION NUMBER: 



292 



THIS MATTER was heard before the Tax Review Board (hereinafter "Board") on 24 January 1995 in the City 
of Raleigh, Wake County, North Carolina. It involves an appeal by Genetic Design, Inc. (hereinafter "Taxpayer") from the 
Final Decision of Michael A. Hannah, Assistant Secretary for Legal and Administrative Services for the Department of 
Revenue (hereinafter "Assistant Secretary") entered on 21 March 1994, sustaining a proposed assessment of additional sales 
and use tax for the period of 1 July 1989 through 30 June 1992. 

Chairman Harlan E. Boyles presided over the hearing with ex officio member, Hugh Wells, Chairman, Utilities 
Commission and duly appointed member, Jeff D. Batts, Attorney at Law. 

Gordon L. Richardson, Jr., CPA, appeared on behalf of the Taxpayer; Marilyn R. Mudge, Associate Attorney 
General, appeared on behalf of the Department of Revenue. 

AND IT APPEARING TO THE BOARD: that the findings of fact made by the Assistant Secretary were fully 
supported by competent evidence in the record, that the conclusions of law made by the Assistant Secretary were fully 
supported by the findings of fact, and that the decision by the Assistant Secretary was fully supported by the conclusions of 
law; 



n IS THEREFORE ORDERED that the Final Decision of the Assistant Secretary is CONFIRMED in every 



respect. 



Entered this the 17th day of February, 1995. 



TAX REVIEW BOARD 



Harlan E. Boyles, Chairman 
State Treasurer 



Hugh Wells 

Chairman, Utilities Commission 



Jeff D. Batts 



10:1 



NORTH CAROLINA REGISTER 



April 3, 1995 



IN ADDITION 



STATE OF NORTH CAROLINA 



COUNTY OF WAKE 



BEFORE THE 
TAX REVIEW BOARD 



< 



) 
IN THE MATTER OF: ) 

The Proposed Assessment of additional Income Tax for the ) 
taxable years of 1980 and 1981 against Edward J. David ) 

) 



ADMINISTRATIVE 
DECISION NUMBER: 



293 



THIS MATTER was heard before the Tax Review Board (hereinafter "Board") on 24 January 1995 in the City 
of Raleigh, Wake County, North Carolina. It involves an appeal by Edward J. David (hereinafter "Taxpayer") from the 
Final Decision of Michael A. Hannah, Assistant Secretary for Legal and Administrative Services for the Department of 
Revenue (hereinafter "Assistant Secretary") entered on 25 August 1993, sustaining a proposed assessment of additional 
income tax for the taxable years of 1980 and 1981. 

Chairman Harlan E. Boyles presided over the hearing with ex officio member, Hugh Wells, Chairman, Utilities 
Commission and duly appointed member, Jeff D. Batts, Attorney at Law. 

The Taxpayer did not appear at the hearing; Marilyn R. Mudge, Associate Attorney General, appeared on behalf 
of the Department of Revenue. Pursuant to N.C.G.S. §105-241. 2(b), the Tax Review Board conducted the hearing upon 
review of the records transmitted by the Department of Revenue's Secretary. 

AND II APPEARING TO THE BOARD: that the findings of fact made by the Assistant Secretary were fully 
supported by competent evidence in the record, that the conclusions of law made by the Assistant Secretary were fully 
supported by the findings of fact, and that the decision by the Assistant Secretary was fully supported by the conclusions of 
law; 



I 



n IS THEREFORE ORDERED that the Final Decision of the Assistant Secretary is CONFIRMED in every 



respect. 



Entered this the 17th day of February, 1995. 



TAX REVIEW BOARD 



Harlan E. Boyles, Chairman 
State Treasurer 



Hugh Wells 

Chairman, Utilities Commission 



Jeff D. Batts 



NORTH CAROLINA REGISTER 



April 3, 1995 



10:1 



IN ADDITION 



• 



STATE OF NORTH CAROLINA 



COUNTY OF WAKE 



BEFORE THE 
TAX REVIEW BOARD 



IN THE MATTER OF: 

The Proposed Assessment of withholding income tax for 
the taxable years of 1984 through 1987 assessed against 
Jo Anne C. Duncan 



ADMINISTRATIVE 
DECISION NUMBER: 



294 



» 



THIS MATTER was heard before the Tax Review Board (hereinafter "Board") on 9 November 1994 in the City 
of Raleigh, Wake County, North Carolina. It involves an appeal by Jo Anne C. Duncan (hereinafter "Taxpayer") from the 
Final Decision of Myron C. Banks, former Deputy Secretary for the Department of Revenue (hereinafter "Deputy Secretary") 
entered on 24 September 1991, sustaining a proposed assessment of withholding income tax for the taxable years of 1984 
through 1987. 

Chairman Harlan E. Boyles presided over the hearing with Hugh Wells, Chairman, Utilities Commission and duly 
appointed member, Jeff D. Batts, Attorney at Law. 

Margaret G. Johnston, Attorney at Law, appeared on behalf of the Taxpayer; Christopher E. Allen, Associate 
Attorney General, appeared on behalf of the Department of Revenue. 

AND IT APPEARING TO THE BOARD: that the findings of fact made by the Deputy Secretary were not 
supported by the evidence in the record; that the conclusions of law made by the Deputy Secretary were not supported by 
the findings of fact, and that the decision of the Deputy Secretary was not supported by the conclusions of law; 

IT IS THEREFORE ORDERED, that the Final Decision of the Deputy Secretary is REVERSED. 

Entered this the 17th day of February, 1995. 



TAX REVIEW BOARD 



Harlan E. Boyles, Chairman 
State Treasurer 



Hugh Wells 

Chairman, Utilities Commission 



Jeff D. Batts 



I 



10:1 



NORTH CAROLINA REGISTER 



April 3, 1995 



IN ADDITION 



STATE OF NORTH CAROLINA 



COUNTY OF WAKE 



BEFORE THE 
TAX REVIEW BOARD 



( 



IN THE MATTER OF: 

The Proposed Assessment of withholding income tax for 
the quarterly periods ending 31 March 1984 through 31 
December 1986 assessed against Richard E. Stirling 



ADMTNlSTRATrVE 
DECISION NUMBER: 



295 



THIS MATTER was heard before the Tax Review Board (hereinafter "Board") on 13 September 1994 in the City 
of Raleigh, Wake County, North Carolina. It involves an appeal by Richard E. Stirling, trading as Capitol Printing 
(hereinafter "Taxpayer") from the Final Decision of Myron C. Banks, former Deputy Secretary for the Department of 
Revenue (hereinafter "Deputy Secretary") entered on 21 July 1992, sustaining a proposed assessment of withholding income 
tax for the quarterly periods ending 31 March 1984 through 31 December 1986. 

Chairman Harlan E. Boyles presided over the hearing with Hugh Wells, Chairman, Utilities Commission and duly 
appointed member. Jeff D. Batts, Attorney at Law. 

Taxpayer appeared at the hearing on his own behalf: George Boylan, Special Deputy Attorney General, appeared 
on behalf of the Department of Revenue. 

AND IT APPEARING TO THE BOARD: that the findings of fact made by the Deputy Secretary were fully 
supported by competent evidence in the record: that the conclusions of law made by the Deputy Secretary were fully 
supported by the findings of fact, and that the decision of the Deputy Secretary was supported by the conclusions of law; 



< 



respect. 



IT IS THEREFORE ORDERED, that the Final Decision of the Deputy Secretary is CONFIRMED in every 



Entered this the 28th day of February, 1995. 



TAX REVIEW BOARD 



Harlan E. Boyles, Chairman 
State Treasurer 



Hugh Wells 

Chairman, Utilities Commission 



Jeff D. Batts 






NORTH CAROLINA REGISTER 



April 3, 1995 



10:1 



IN ADDITION 



I 



STATE OF NORTH CAROLINA 



COUNTY OF WAKE 



BEFORE THE 
TAX REVIEW BOARD 



IN THE MATTER OF: 

The Proposed Assessment of sales and use tax for the 

period of 1 February 1985 through 31 December 1986 

assessed against Richard E. Stirling, T/A Capitol 

Printing 



ADMINISTRATIVE 
DECISION NUMBER: 



296 



> 



THIS MATTER was heard before the Tax Review Board on 13 September 1994 in the City of Raleigh, Wake 
County, North Carolina. It involves an appeal by Richard E. Stirling, T/A Capitol Printing (hereinafter "Taxpayer") from 
the Final Decision of Myron C Banks, former Deputy Secretary (hereinafter "Deputy Secretary") entered on 21 July 1992 
sustaining a proposed assessment of sales and use tax for the period of 1 February 1985 through 31 December 1986. 

Chairman Harlan E. Boyles presided over the hearing with Hugh Wells, Chairman, Utilities Commission and duly 
appointed member, Jeff D. Batts, Attorney at Law participating. 

Richard E. Stirling appeared p_ro se; George Boylan, Special Deputy Attorney General, appeared on behalf of the 
Department of Revenue. 

AND IT APPEARING TO THE BOARD: that the findings of fact made by the Deputy Secretary were not 
supported by the evidence in the record; that the conclusions of law made by the Deputy Secretary were not supported by 
the findings of fact, and that the decision of the Deputy Secretary was not supported by the conclusions of law; 

n IS THEREFORE ORDERED, that the Final Decision of the Deputy Secretary is REVERSED. 

Entered this the 28th day of February, 1995. 



TAX REVIEW BOARD 



Harlan E. Boyles, Chairman 



Hugh Wells, Ex Officio Member 
Chairman Utilities Commission 



Jeff D. Batts, Appointed Member 



I 



10:1 



NORTH CAROLINA REGISTER 



April 3, 1995 



IN ADDITION 



STATE OF NORTH CAROLINA 



COUNTY OF WAKE 



BEFORE THE 
TAX REVIEW BOARD 



IN THE MATTER OF: 

The Denial of Refund for the taxable year of 1987 by the 

Secretary of Revenue against Michael W. Hubble 



ADMINISTRATIVE 
DECISION NUMBER: 



297 



THIS MATTER was heard before the Tax Review Board on 9 November 1994 in the City of Raleigh, Wake 
County, North Carolina. It involves an appeal by Michael W. Hubble (hereinafter "Taxpayer") from the Final Decision of 
Myron C, Banks, former Deputy Secretary (hereinafter "Deputy Secretary") entered on 14 August 1990, denying the 
Taxpayer's request for a refund of tax paid for the taxable year of 1987. 

Chairman Harlan E. Boyles presided over the hearing with Hugh Wells, Chairman Utilities Commission and duly 
appointed member, Jeff D. Batts, Attorney at Law participating. 

Robert N. Page, IV, Attorney at Law, appeared on behalf of the Taxpayer, Christopher E. Allen, Assistant Attorney 
General, appeared on behalf of the Department of Revenue. 

At the hearing. Taxpayer's attorney argued and presented documentation which showed that within the time of filing 
of his Petition and this matter being reviewed by the Board, the Internal Revenue Service reversed its decision and allowed 
Taxpayer's educational expenses as a deduction. Taxpayer's federal tax records were adjustment to reflect the deduction. 

AND rr APPEARING TO THE BOARD: that the appeal concerns a matter of federal internal revenue practice 
and involves the subsequent change in federal policy; and that federal practice should be followed to the extent that such 
practice is not contrary to state policy. 

AND IT FURTHER APPEARING TO THE BOARD: that documentation presented at the hearing was not 
available when the Deputy Secretary of Revenue's decision was rendered; that the Deputy Secretary should be allowed the 
opportunity to consider this additional evidence in order to fully develop the record. 

rr IS THEREFORE ORDERED, that Taxpayer's case is Remanded to the now Assistant Secretary of Revenue, 
and the Taxpayer shall have the opportunity to present additional evidence to be taken and ruled upon by the Assistant 
Secretary. 

Entered this the 1st day of March, 1995. 



TAX REVIEW BOARD 



Harlan E. Boyles, Chairman 



Hugh Wells, Ex Officio Member 
Chairman Utilities Commission 



Jeff D. Batts, Appointed Member 



10 



NORTH CAROLINA REGISTER 



April 3, 1995 



10:1 



IN ADDITION 



STATE OF NORTH CAROLINA 



COUNTY OF WAKE 



BEFORE THE 
TAX REVIEW BOARD 



IN THE MATTER OF: 

The Proposed Assessment of sales and use tax for the 
period of 1 September 1985 through 31 July 1988 
assessed against Auto Equipment, Inc. 



ADMINISTRATIS 
DECISION NUMBER: 



298 



THIS MATTER was heard before the Tax Review Board on 9 November 1994 in the City of Raleigh, Wake 
County, North Carolina. It involves an appeal by Auto Equipment, Incorporated (hereinafter "Taxpayer") from the Final 
Decision of Myron C. Banks, former Deputy Secretary (hereinafter "Deputy Secretary") entered on 27 August 1992 
sustaining a proposed assessment of sales and use tax for the period of 1 September 1985 through 31 July 1988. 

Chairman Harlan E. Boyles presided over the hearing with Hugh Wells, Chairman Utilities Commission and duly 
appointed member, Jeff D. Batts, Attorney at Law participating. 

Russell W. Chapman, Jr., Attorney at Law, appeared on behalf of the Taxpayer; George W. Boylan, Special Deputy 
Attorney General, appeared on behalf of the Department of Revenue. 

AND IT APPEARING TO THE BOARD: that the findings of fact made by the Deputy Secretary were supported 
by the evidence in the record as to the sales in which Taxpayer did not acquire certificates of resale (i.e. Form E-590); that 
the conclusions of law made by the Deputy Secretary were supported by the findings of fact as to sales in which Taxpayer 
did not acquire Certificates of Resale (i.e. Form E-590), and in regard to those sales, the decision of the Deputy Secretary 
was supported by the conclusions of law; 

AND IT FURTHER APPEARING TO THE BOARD: that the findings of fact made by the Deputy Secretary were 
not supported by the evidence in the record as to the sales in which Taxpayer did acquire certificates of resale (i.e. Form 
E-590); that the conclusions of law made by the Deputy Secretary were not supported by the findings of fact as to the sales 
in which Taxpayer acquired certificates of resale (i.e. Form E-590), and in regard to those sales, the decision of the Deputy 
Secretary was not supported by the conclusions of law; 

rr IS THEREFORE ORDERED, that the Final Decision of the Deputy Secretary is CONFIRMED in part and 
REVERSED in part. 

Entered this the 1st day of March, 1995 



TAX REVIEW BOARD 



Harlan E. Boyles, Chairman 



Hugh Wells, Ex Officio Member 
Chairman Utilities Commission 



Jeff D. Batts, Appointed Member 



10:1 



NORTH CAROLINA REGISTER 



April 3, 1995 



11 



PROPOSED RULES 



TITLE 5 - DEPARTMENT 
OF CORRECTION 



East Jones Street, Raleigh, NC 27601-2807, fax (919) 
733-8748. 



Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Department of 
Correction intends to adopt rule cued as 5 NCAC 5 .0001. 



Proposed Effective Date: July 1, 1995. 

A Public Hearing will be conducted at 10:00 a.m. on 
April 18, 1995 at the Archdale Building, 512 North 
Salisbury Street, Raleigh, NC 27603. 

Reason for Proposed Action: To allow the Department 
of Correction to carry out the purposes of the State-Local 
Criminal Justice Partnership Act (amends G.S. Ch. 143B). 

Comment Procedures: Please submit comments to:Nancy 
C Lowe, Director, Criminal Justice Partnership Program, 
PO Box 29540, Raleigh, NC 27626-0540. The deadline 
for submission is May 3, 1995. You may submit written 
or oral comments at the hearing April 18, 1995 , but time 
may be limited. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of local government or state funds. 

CHAPTER 5 - CRIMINAL JUSTICE 
PARTNERSHD? PROGRAM 

.0001 GRANT AWARD CONTRACTS 

After approving a Criminal Justice Partnership grant, 
the Department of Correction will provide a grant award 
contract to the grantee. Grant award contracts, bearing 
the original signatures of the grantee's authorizing official 
and fiscal officer, must be returned by the grantee to the 
Criminal Justice Partnership Program within 30 days of 
mailing. No alterations of any kind may be made on this 
contract. 

Statutory Authority G.S. 143B-272.8. 



Reason for Proposed Action: To update language and 
clarify intent. 

Comment Procedures: Comments may be submitted in 
writing to Caroline Shepard, State Library of North 
Carolina, 109 East Jones Street, Raleigh, NC 27601- 
2807, fax (919) 733-8748. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of local government funds. 

CHAPTER 2 - DrVTSION OF STATE LD3RARY 

SUBCHAPTER 2F - NORTH CAROLINA PUBLIC 
LD3RARIAN CERTIFICATION COMMISSION 

.0002 FULL CERTD7ICATION 

(a) The North Carolina Public Librarian Certification 
Commission issues public librarian certificates to appli- 
cants who have received graduate degrees in library and 
information science from American Library Associa- 
tion-accredited aohoolo or from r e gionally accredited 
schools of higher education, provided at least 1 8 semester 
hours have been completed and the hours include catalog 
ing, r e f e renc e , book s e l e ction, bibliography, multi media 
materials, and public library administration, programs or 
from regionally accredited programs of higher education 
in North Carolina. 

(b) Courses speeifioally d e sign e d for school, media 
cent e r, acad e mic, or sp e cial librarianship will not fulfill 
tho requirement for the 18 semester hours in public 
librarians aipT Coursework must include the following core 
courses: cataloging, reference collection management, 
technology, and management. 

(c) Courses specifically designed for school, media 
center, academic, or special librarianship, must also 
reflect general principles of librarianship in order to fulfill 
the requirements for public librarian certification. 

Statutory Authority G.S. 143B-67. 



TrTLE 7 - DEPARTMENT OF 
CULTURAL RESOURCES 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the Department of Cultural Resources 
intends to amend rule cited as 7 NCAC 2F .0002. 

Proposed Effective Date: July 1, 1995. 

Instructions on How to Demand a Public Hearing (must 
be requested in writing within 15 days of notice): A public 
hearing may be requested by sending a written request to 
Caroline Shepard, State Library of North Carolina, 109 



TITLE 13 - DEPARTMENT OF 
LABOR 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Department of 
Labor intends to adopt rules regarding compliance with, 
enforcement and interpretation of the Controlled Substance 
Examination Regulation Act. The agency will subse- 
quently publish in the Re sister the text of the rule(s) it 
proposes to adopt as a result of the public hearing and of 
any comments received on the subject matter. 



12 



NORTH CAROLINA REGISTER 



April 3, 1995 



10:1 



PROPOSED RULES 



Statutory Authority G.S. 95-230 et seq. 

Proposed Effective Date: January 1, 1996. 

A Public Hearing will be conducted at 2:00 p.m. on 
Monday, April 24, 1995 at the Cates Auditorium, 
Meredith College Campus, 3800 Hillsborough St. , 
Raleigh, NC. 

Reason for Proposed Action: To clarify the Controlled 
Substance Examination Regulation Act. 

Comment Procedures: Please submit your comments 
to Mr. Scott Templeton, APA Coordinator, NC. 
Department of Labor, 4 W. Edenton Street, Raleigh, NC 
27601, FAX (919) 715-5629; Telephone (919) 733-0368 
by April 24, 1995. You may present written or oral 
comments at the hearing; however, time limits may be 
imposed by the Chair. 

****************** 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Department of 
Labor intends to adopt rules governing qualifications 
and/or competency of persons responsible for the 
operation of boilers. The agency will subsequently publish 
in the Register the text of the rule(s) it proposes to adopt 
as a result of the public hearing and of any comments 
received on the subject matter. 

Statutory Authority G.S. 95-69.11(1). 

Proposed Effective Date: January 1, 1996. 

A Public Hearing will be conducted at 2:00 p.m. on June 
16, 1995 at the NC Dept. of Agriculture Building, 2 W. 
Edenton Street, Room 359, Raleigh, NC. 

Reason for Proposed Action: The North Carolina 
Department of Labor desires to obtain public comment on 
the subject of what, if any, standards should be set for 
knowledge and skill of persons responsible for the 
operation of boilers. 

Comment Procedures: Please submit your comments to 
Mr. Scott Templeton, APA Coordinator, N. C Department 
of Labor, 4 W. Edenton Street, Raleigh, NC 27601, FAX 
(919) 715-5629; Telephone (919) 733-0368 by June 16, 
1995. You may present written or oral comments at the 
hearing; however, time limits may be imposed by the 
Chair. 



TITLE 15A - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 



CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT COMMISSION 

PUBLIC HEARINGS REGARDING THE REVISIONS 

TO THE WATER SUPPLY WATERSHED 

PROTECTION RULES (15A NCAC 2B .0101, 

.0104, .0202, .0211, .0301) 

Correction to the locations of two public hearings 
regarding the revisions to the water supply watershed 
protection rules. 

Thursday, April 6, 1995 

Broyhill Civic Center 

1913 Hickory Boulevard, SE 

(U.S. 321 South) 

Lenoir, NC 

Wednesday, April 19, 1995 

Mooresville Citizen Center 
215 North Main Street 
Mooresville, NC 
The proposed rule revisions and dates and locations of the 
remaining public hearings were published in the North 
Carolina Register, Volume 9, Issue 23, Pages 1979-2015 
(9:23 NCR 1979-2015). The Division will accept written 
comments received through May 12, 1995. For 
information on the proposed rule revisions contact Lisa 
Martin, North Carolina Division of Environmental 
Management, Water Quality Section, P.O. Box 29535, 
Raleigh, NC 27626-0535, (919-733-5083, ext. 565). 

****************** 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the DEHNR - Environmental 
Management Commission intends to amend rules cited as 
15A NCAC 2D .0520, .0531; .0902, .0909, .0952; 1402, 
. 1406. . 1409; and adopt 2D .1701 - . 1702 and . 1801 - 
. 1803. 

Proposed Effective Date: July 1, 1995. 

A Public Hearing will be conducted at 7:00 p.m. on 
April 19, 1995 at the Charlotte/Mecklenburg Government 
Center, 1st. Floor Meeting Chamber, 600 East 4th Street, 
Charlotte, NC. 

Reason for Proposed Action: To adopt new rules and 
rule amendments for the control of Volatile organic 
compounds in order to show continued compliance with 
the ozone standard in the Charlotte IGastonia Area. 

Comment Procedures: All persons interested in these 
matters are invited to attend the public hearing. Any 
person desiring to comment for more than three minutes 
is requested to submit a written statement for inclusion in 
the record of proceedings at the public hearing. The 



10:1 



NORTH CAROLINA REGISTER 



April 3, 1995 



13 



PROPOSED RULES 



hearing record will remain open until May 3± 1995, to 

receive additional written statements. Comments are 

requested on the impacts, including costs and benefits to 

tire public and private sectors of the five additional control 

strategies presented. Comments should also address the 

need for any or all of these measures. In addition, 

comments are requested on the possible substitution of an 

enhanced inspection and maintenance (I IM) program for 

the proposed reformulated gasoline program. Specifically , 

comments and information should be provided on the 

desirability, viability and costs of such a substituted 

enhanced I /M program. Comments should be sent to and 

additional information concerning the hearing or the 

proposals may be obtained by contacting: 

Mr. Thorn Allen 

Division of Environmental Management 

P. O. Box 29535 

Raleigh, North Carolina 27626-0535 

(919) 733-1489 - Phone 

(919) 733-1812 - Fax 

Fiscal Note: These Rules affect the expenditures or 
revenues of local government funds and the expenditure or 
distribution of State funds subject to the Executive Budget 
Act, Article 1 of Chapter 143.. 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2D - AIR POLLUTION 
CONTROL REQUIREMENTS 

SECTION .0500 - EMISSION 
CONTROL STANDARDS 

.0520 CONTROL AND PROHD3ITION 
OF OPEN BURNING 

(a) Purpose. This R e gulation Rule is for the purpose 
of preventing, abating, and controlling air pollution 
resulting from air contaminants released in the open 
burning of refuse or other combustible materials. 

fb) Scope. This R e gulation Rule applies to all 
operations involving open burning except those 
specifically exempted by Paragraph (d) of this Regulation 
Rule . 

(c) A person shall not cause, allow, or permit open 
burning of refuse or other combustible material except 
those covered by a permit issued under the authority of 
the Commission under Section 143-215.108 of the act or 
the regulations of a duly certified local air pollution 
control program having jurisdiction. 

(d) Permissible Open Burning. While recognizing that 
open burning contributes to air pollution, the Commission 
is aware that certain types of open burning may 
reasonably be allowed in the public interest. Therefore, 
the following types of open burning are permissible as 
specified if burning is not prohibited by ordinances and 
regulations of governmental entities having jurisdiction. 



The authority to conduct open burning under the 
provisions of this R e gulation Rule does not exempt or 
excuse any person from the consequences, damages or 
injuries which may result from this conduct. It does not 
excuse or exempt any person from complying with all 
applicable laws, ordinances, regulations and orders of the 
governmental entities having jurisdiction even though the 
open burning is conducted in compliance with this 
Regulation Rule . Permission granted under the authority 
of the Commission under this R e gulation Rule shall be 
subject to continuing review and may be withdrawn at any 
time. Permissible open burning is: 

(1) fires purposely set for the instruction and 
training of fire-fighting personnel when 
conducted under the supervision of: 

(A) the North Carolina Insurance Department, 

(B) North Carolina technical institutes, or 

(C) the North Carolina community colleges, 
including: 

(i) the North Carolina Fire College, and 
(ii) the North Carolina Rescue College, 
which are conducted with the 
cooperation of one or both of these 
agencies; 

(2) fires purposely set for the instruction and 
training of fire-fighting personnel at 
permanent fire-fighting training facilities when 
conducted by a fire department, but these fires 
will not be permitted if the primary purpose in 
setting the fire is refuse disposal or recovery 
of salvageable materials. Factors which may 
be considered in determination of primary 
purpose include type, amount, and nature of 
combustible substances; 

(3) fires purposely set for the instruction and 
training of industrial fire-fighting personnel in 
training programs which are repetitious and 
continuous in nature. A plan containing 
program aspects related to possible air 
pollution including, but not limited to: 

(A) nature and location of the exercise, 

(B) nature of material to be burned, 

(C) amount of each type of material to be 
burned, 

(D) training objectives of the exercise, and 

(E) insofar as it is known, a schedule of dates 
and times of the exercises, 

has been submitted to and has been approved 
by the Director. These fires, however, will 
not be permitted if the primary purpose in 
setting the fire is refuse disposal or recovery 
of salvageable materials. Factors which may 
be considered in determination of primary 
purpose include type, amount and nature of 
combustible substances. Any deviations from 
the dates and times of exercises, including 
additions, postponements, and deletions, 
submitted in the schedule in the approved plan 



14 



NORTH CAROLINA REGISTER 



April 3, 1995 



10:1 



PROPOSED RULES 



will be communicated verbally to the 
appropriate departmental field office at least 
one hour before the change; 
(4) fires purposely set for the instruction and 
training of public and industrial fire-fighting 
personnel not covered under Subparagraphs 
(1), (2), or (3) of this Paragraph, if the 
training program aspects related to possible air 
pollution effects are approved in advance by 
the Air Quality Section and if these 
fire-fighting exercise conditions are met: 

(A) The appropriate departmental field office 
shall be initially notified orally or in writing 
at least 48 hours in advance of any burning 
conducted in conjunction with a fire training 
exercise. If initial notice is given orally, a 
written notification shall also be submitted 
within 24 hours after the initial oral 
notification. The notification, either written 
or oral, shall include: 

(i) the nature and location of the exercise, 
(ii) date and time that the exercise is to be 

held, 
(iii) nature of materials to be burned, 
(iv) amount of each type of material to be 

burned, and 
(v) training objectives of the exercise. 

(B) The burning of salvageable items, including 
but not limited to insulated wire and electric 
motors, shall not be exempted as a 
fire-training exercise, except as provided in 
Subpart (c) (iii) of this Subparagraph. 

(C) The regional office supervisor for the 
appropriate departmental field office may 
withhold approval for burnings purposely set 
for fire-fighting exercises, other than those 
described in Subparagraphs (1), (2), and (3) 
of this Paragraph, in the following cases: 

(i) when the required notice has not been 

received 48 hours in advance of the 

proposed burning; 

(ii) when the required notice does not 

include adequate details about: 

(I) the nature and location of the 

exercise, 
(II) date and time that the exercise is to 

be held, 
(HI) nature of objects or materials to be 

burned, 
(IV) amount of each type of material to 

burned, and 
(V) training objectives of the exercises; 
(iii) when salvageable items are proposed to 
be bumed in conjunction with the 
exercise, except that the regional office 
supervisor may allow an exercise 
involving the burning of a motor vehicle 



if the sole objective is instruction on the 
techniques of fighting such a fire; the 
number of motor vehicles burned over a 
period of time by any one training unit 
or by several related training units shall 
be considered in determining the 
objective of the exercises; 
(iv) when the training unit has entered a 
formal or informal contractual 
relationship prior to any burning 
incorporated into a training exercise 
wherein the unit is compensated for 
conducting the burning; 

(5) fires purposely set by manufacturers of fire 
extinguishing materials or equipment, testing 
laboratories, or other persons approved by the 
Commission, for the purpose of testing or 
developing these materials or equipment in 
accordance with a valid standard qualification 
program; 

(6) fires purposely set to agricultural lands for 
disease and pest control and other accepted 
agricultural or wildlife management practices 
acceptable to the Commission; 

(7) fires purposely set to forest lands for forest 
management practices acceptable to the 
Division of forestry and the Commission; 

(8) fires purposely set in rural areas for 
rights-of-way maintenance only in instances 
where there are no other practicable or 
feasible methods of disposal and under 
conditions acceptable to the Commission; 

(9) camp fires and fires used solely for outdoor 
cooking and other recreational purposes, or 
for ceremonial occasions, or for human 
warmth and comfort; 

(10) open burning of leaves, tree branches or yard 
trimmings originating on the premises of 
private residences and burned on those 
premises in areas where no public pickup 
facilities are available. The burning shall be 
between 8:00 a.m. and 6:00 p.m. and shall 
not create a nuisance; 

(11) open burning for land clearing or right-of-way 
maintenance in areas other than those zoned 
solely residential or used primarily for 
residential purposes, if the following 
conditions are met: 

(A) Prevailing winds at the time of burning shall 
be away from any city or town or built-up 
area, the ambient air of which may be 
significantly affected by smoke, fly-ash, or 
other air pollutants from the burning; 

(B) The location of the burning shall be at least 
1,000 feet from any dwelling located in a 
predominantly residential area other than a 
dwelling structure located on the property on 



10:1 



NORTH CAROLINA REGISTER 



April 3, 1995 



IS 



PROPOSED RULES 



which the burning is done; 

(C) The amount of dirt on the material being 
burned shall be minimized; 

(D) Heavy oils, asphaltic materials, items 
containing natural or synthetic rubber, or 
any materials other than plant growth shall 
not be burned; 

(E) Initial burning shall generally begin only 
between the hours of 9:00 a.m. and 3:00 
p.m., and no combustible material shall be 
added to the fire between 3:00 p.m. on one 
day and 9:00 a.m. on the following day, 
except that, under favorable meteorological 
conditions, deviation from these hours of 
burning may be granted by the air pollution 
control agency having jurisdiction. The 
owner or operator of the open burning 
operation shall be responsible for obtaining 
written approval for burning during periods 
other than those specified in this Part; 

(12) fires for the disposal of dangerous materials 

where there is no alternative method of 

disposal, and burning is conducted in 

accordance with procedures acceptable to the 

Commission. 

(e) General Prohibition. Notwithstanding any other 

prohibition in this Rule, after May 31, 1999, all open 

burning is prohibited from June 1 through August 31 in 

the following counties: 



ill 
(2) 
13} 
(4) 

(6) 

m 



Cabarrus, 

Gaston, 

Iredell, 

Lincoln, 

Mecklenburg, 

Rowan, and 

Union. 



Statutory Authority 

143-215. 107(a)(5). 



G.S. 



143-215. 3(a)(1); 



.0531 SOURCES IN NON ATTAINMENT AREAS 

(a) Applicability. 
(1) Ozone Nonattainment Areas. This Rule 
applies to major stationary sources and major 
modifications of sources of volatile organic 
compounds or nitrogen oxides for which 
construction commences after the area in 
which the source is located is designated in 
accordance with Part (A) or (B) of this 
Subparagraph and which are located in: 

(A) areas designated in 40 CFR 81.334 as 
nonattainment for ozone, or 

(B) any of the following areas and in that area 
only when the Director notices in the North 
Carolina Register that the area is in violation 
of the ambient air quality standard for 
ozone: 

(i) Charlotte/Gastonia, consisting of 



Mecklenburg and Gaston Counties; with 
the exception allowed under Paragraph 
(TO of this Rule; 
(ii) Greensboro/Winston-Salem/High Point, 
consisting of Davidson, Forsyth, and 
Guilford Counties and that part of Davie 
County bounded by the Yadkin River, 
Dutchmans Creek, North Carolina 
Highway 80 1 , Fulton Creek and back to 
Yadkin River; or 
(iii) Raleigh/Durham, consisting of Durham 
and Wake Counties and Dutchville 
Township in Granville County. 
Violations of the ambient air quality standard for 

ozone shall be determined in accordance with 40 CFR 

50.9. 

(2) Carbon Monoxide Nonattainment Areas. 
This Rule applies to major stationary sources 
and major modifications of sources of carbon 
monoxide located in areas designated in 40 
CFR 81.334 as nonattainment for carbon 
monoxide and for which construction 
commences after the area in which the source 
is located is listed in 40 CFR 81.334 as 
nonattainment for carbon monoxide. 

(3) Redesignation to Attainment. If any county or 
part of a county to which this Rule applies is 
later designated in 40 CFR 81.334 as 
attainment for ozone or carbon monoxide, all 
sources in that county subject to this Rule 
before the redesignation date shall continue to 
comply with this Rule. 

(b) For the purpose of this Rule the definitions 
contained in 40 CFR 51.165(a)(1) and 40 CFR 51.301 
shall apply. The reasonable period specified in 40 CFR 
51.165(a)(l)(vi)(C)(l) shall be seven years. 

(c) This Rule is not applicable to: 

(1) complex sources of air pollution that are 
regulated only under Section .0800 of this 
Subchapter and not under any other rule in 
this Subchapter: 

(2) emission of pollutants at the new major 
stationary source or major modification 
located in the nonattainment area which are 
pollutants other than the pollutant or pollutants 
for which the area is nonattainment. (A major 
stationary source or major modification that is 
major for volatile organic compounds or 
nitrogen oxides is also major for ozone.); 

(3) emission of pollutants for which the source or 
modification is not major; 

(4) a new source or modification which qualifies 
for exemption under the provision of 40 CFR 
51.165(a)(4); and 

(5) emission of the following volatile organic 
compounds: 

(A) carbon monoxide, 

(B) carbon dioxide. 



16 



NORTH CAROLINA REGISTER 



April 3, 1995 



10.1 



PROPOSED RULES 



(C) carbonic acid, 

(D) metallic carbides or carbonates, 

(E) ammonium carbonate, 

(F) methane, 

(G) ethane, 

(H) trichlorofluoromethane (chlorofluorocarbon 

11), 
(I) dichlorodifluoromethane (chlorofluorocarbon 

12), 
(J) chlorodifluoromethane (chlorofluorocarbon 

22), 
(K) trifluoromethane (fluorocarbon 23), 
(L) trichlorotrifluoroethane (chlorofluorocarbon 

113), 
(M) dichlorotetrafluoroethane 

(chlorofluorocarbon 114), 
(N) chloropentafluoroethane (chlorofluorocarbon 

115), 
(O) 1 , 1 , 1 -trichloroethane (methyl chloroform), 
(P) dichloromethane (methylene chloride), 
(Q) dichlorotrifluoroethane 

(hydrochlorofluorocarbon 123), 
(R) tetrafluoroethane (hydrofluorocarbon 134a), 
(S) dichlorofluoroethane 

(hydrochlorofluorocarbon 141b), 
(T) chlorodifluoroethane 

(hydrochlorofluorocarbon 142b), 
(U) 2-chloro-l,l,l,2-tetrafluoro ethane 

(hydrochlorofluorocarbon 124), 
(V) pentafluoroethane (hydrofluorocarbon 125), 
(W) 1,1,2,2-tetrafluoroethane (hydrofluorocarbon 

134), 
(X) 1,1,1-trifluoroethane (hydrofluorocarbon 

143a), 
(Y) 1,1 -di fluorocarbon (hydrofluorocarbon 

152a), and 
(Z) perfluorocarbon compounds that fall into 
these classes: 
(i) cyclic, branched, or linear completely 

fluorinated alkanes; 
(ii) cyclic, branched, or linear completely 
fluorinated ethers with no unsaturations; 
(iii) cyclic, branched, or linear completely 
fluorinated tertiary amines with no 
unsaturations; and 
(iv) sulfur containing perfluorocarbons with 
no unsaturations and with sulfur bonds 
only to carbon and fluorine. 

(d) 15A NCAC 2Q .0102 and .0302 are not applicable 
to any source to which this Rule applies. The owner or 
operator of the source shall apply for and receive a permit 
as required in 15A NCAC 2Q .0300 or .0500. 

(e) To issue a permit to a source to which this Rule 
applies, the Director shall determine that the source will 
meet the following requirements: 

(1) The source will emit the nonattainment 
pollutant at a rate no more than the lowest 



achievable emission rate, rate; 

(2) The owner or operator of the proposed new or 
modified source has demonstrated that all 
major stationary sources in the State which are 
owned or operated by this person (or any 
entity controlling, controlled by, or under 
common control with this person) are subject 
to emission limitations and are in compliance, 
or on a schedule for compliance which is 
federally enforceable or contained in a court 
decree, with all applicable emission limitations 
and standards of this Subchapter which EPA 
has authority to approve as elements of the 
North Carolina State Implementation Plan for 
Air Quality. Quality; 

(3) The source will obtain sufficient emission 
reductions of the nonattainment pollutant from 
other sources in the nonattainment area so that 
the emissions from the new major source and 
associated new minor sources will be less than 
the emissions reductions by a ratio of at least 
1.00 to 1.15 for volatile organic compounds 
and nitrogen oxides and by a ratio of lesser 
than one to one for carbon monoxide. The 
baseline for this emission offset shall be the 
actual emissions of the source from which 
offset credit is obtained. Emission reductions 
must not include any reductions resulting from 
compliance (or scheduled compliance) with 
applicable rules in effect prior to the 
application. The difference between the 
emissions from the new major source and 
associated new minor sources of carbon 
monoxide and the emission reductions must be 
sufficient to represent reasonable further 
progress toward attaining the Ambient Air 
Quality Standards. The emissions reduction 
credits must also conform to the provisions of 
40 CFR 51.165(a)(3)(ii)(A) through (G4t(G); 
and 

(4) The North Carolina State Implementation Plan 
for Air Quality is being carried out for the 
nonattainment area in which the proposed 
source is located. 

(f) When a particular source or modification becomes 
a major stationary source or major modification solely by 
virtue of a relaxation in any enforceable limitation 
established after August 7, 1980, on the capacity of the 
source or modification to emit a pollutant, such as a 
restriction on hours of operation, then the provisions of 
this Rule shall apply to the source or modification as 
though construction had not yet begun on the source or 
modification. 

(g) To issue a permit to a source of a nonattainment 
pollutant, the Director shall determine, in addition to the 
other requirements of this Rule, that an analysis (produced 
by the permit applicant) of alternative sites, sizes, 



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April 3, 1995 



17 



PROPOSED RULES 



production processes, and environmental control 
techniques for source demonstrates that the benefits of the 
source significantly outweigh the environmental and social 
costs imposed as a result of its location, construction, or 
modification. 

(h) Approval of an application with regard to the 
requirements of this Rule shall not relieve the owner or 
operator of the responsibility to comply fully with 
applicable provisions of other rules of this Chapter and 
any other requirements under local, state, or federal law. 

(i) When a source or modification subject to this Rule 
may affect the visibility of a Class I area named in 
Paragraph (c) of Rule .0530 of this Section, the following 
procedures shall be followed: 

(1) The owner or operator of the source shall 
provide an analysis of the impairment to 
visibility that would occur as a result of the 
source or modification and general 
commercial, industrial and other growth 
associated with the source or modification- 
modification; 

(2) The Director shall provide written notification 
to all affected Federal Land Managers within 
30 days of receiving the permit application or 
within 30 days of receiving advance 
notification of an application. The notification 
shall be at least 30 days prior to the 
publication of the notice for public comment 
on the application. The notification shall 
include a copy of all information relevant to 
the permit application including an analysis 
provided by the source of the potential impact 
of the proposed source on vi s ibility, visibility; 

(3) The Director shall consider any analysis 
concerning visibility impairment performed by 
the Federal Land Manager if the analysis is 
received within 30 days of notification. If the 
Director finds that the analysis of the Federal 
Land Manager fails to demonstrate to his 
satisfaction that an adverse impact on visibility 
will result in the Class I area, the Director 
shall provide in the notice of public hearing on 
the application, an explanation of his decision 
or notice as to where the explanation can be 
obtained, obtained; 

(4) The Director shall only issue permits to those 
sources whose emissions will be consistent 
with making reasonable progress towards the 
national goal of preventing any future, and 
remedying any existing, impairment of 
visibility in mandatory Class I areas when the 
impairment results from man-made air 
pollution. In making the decision to issue a 
permit, the Director shall consider the cost of 
compliance, the time necessary for 
compliance, the energy and nonair quality 
environmental impacts of compliance, and the 
useful life of the s ourc e , source; 



(5) The Director may require monitoring of 
visibility in or around any Class I area by the 
proposed new source or modification when the 
visibility impact analysis indicates possible 
visibility impairment. 
The requirements of this Paragraph shall not apply to 
nonprofit health or nonprofit educational institutions, 
(j) The version of the Code of Federal Regulations 
incorporated in this Rule is that as of January 1, 1989, 
and does not include any subsequent amendments or 
editions to the referenced material. 

(TO Paragraphs (e) and (g) of this Rule shall not a pply 
to a new major stationary source or a major modification 
of a source of volatile organic compounds or nitrogen 
oxides for which construction commences after the area 
in which the source is located has been designated in 
accordance with Part (aXllfE-) of this Rule and before the 
area is designated in 40 CFR 81.334 as nonattainment for 
ozone if the owner or operator of the source 
demonstrates, using a photochemical grid model, that the 
new source or modification will not contribute to or cause 
a violation. The model used shall be that maintained by 
the Division of Environmental Management. The 
Division of Environmental Management shall only run the 
model after the permit application has been submitted. 
The permit application shall be incomplete until the 
modeling analysis is completed. The owner or operator 
of the source shall apply such degree of control and obtain 
such offsets necessary to demonstrate the new source or 
modified source will not cause or contribute to a 
violation. 



Statutory Authority G.S. 143-215. 3(a)(1); 

143-215. 107(a)(5); 143-215. 108(b); 150B-21.6. 

SECTION .0900 - VOLATILE ORGANIC 
COMPOUNDS 

NOTE: Text shown in Bold in 15A NCAC 2D .0902 
was adopted by the agency on March 9, 1995. 
These changes are pending review by the Rules 
Review Commission for an effective date of May 
1, 1995. 

.0902 APPLICABILITY 

(a) Rules .0925, .0926, .0927, .0928, .0932, and .0933 
of this Section apply statewide, in accordance with Rule 
.0946 of this Section. 

(b) Rule .0953 of this Section applies in Davidson, 
Durham, Forsyth, Gaston, Guilford, Mecklenburg, Wake, 
Dutchville Township in Granville County, and that part of 
Davie County bounded by the Yadkin River, Dutchmans 
Creek, North Carolina Highway 801, Fulton Creek and 
back to Yadkin River in accordance with provisions set 
out in that Rule. 

(c) With the exceptions stated in Paragraph ff) £g} of 
this Rule, this Section applies, in accordance with Rules 
.0907 and .0946 of this Section, to all sources of volatile 



18 



NORTH CAROLINA REGISTER 



April 3, 1995 



10:1 



PROPOSED RULES 



organic compounds located in an area designated in 40 
CFR 81.334 as nonattainment for ozone. 

(d) With the exceptions stated in Paragraph (f) £g) of 
this Rule, this Section shall apply, in accordance with 
Rule .0909 of this Section, to all sources of volatile 
organic compounds located in any of the following areas 
and in that area only when the Director notices in the 
North Carolina Register that the area is in violation of the 
ambient air quality standard for ozone: 

f!-) Charlott e /Gaotonia, consisting of M e ckl e nburg 

and Gaston Counti e s; 

(1) (3)Greensboro/Winston-Salem/High Point, 
consisting of Davidson, Forsyth, and Guilford 
Counties and that part of Davie County 
bounded by the Yadkin River, Dutchmans 
Creek, North Carolina Highway 801, Fulton 
Creek and back to Yadkin River; or 

(2) (3)Raleigh/Durham, consisting of Durham and 
Wake Counties and Dutchville Township in 
Granville County. 

At least one week before the scheduled publication date of 
the North Carolina Register containing the Director's 
notice of violation, the Director shall send written 
notification to all permitted facilities within the area of 
violation that are or may be subject to the requirements of 
this Section as a result of the violation informing them 
that they are or may be subject to the requirements of this 
Section. Violations of the ambient air quality standard for 
ozone shall be determined in accordance with 40 CFR 
50.9. 

(e) If a violation of the ambient air quality standard for 
ozone is measured in accordance with 40 CFR 50.9 in 
Cabarrus, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, 
or Union County, North Carolina or York County, South 
Carolina, the Director shall initiate analysis to determine 
the control measures needed to attain and maintain the 
ambient air quality standard for ozone. By the following 
May \_i the Director shall implement the specific 
stationary source control measures contained in this 
Section that are required as part of the control strategy 
necessary to bring the area into compliance and to 
maintain compliance with the ambient air quality standard 
for ozone. The Director shall implement the rules in this 
Section identified as being necessary by the analysis by 
notice in the North Carolina Register. The notice shall 
identify the rules that are to be implemented and shall 
identify whether the rules implemented are to apply in 
Gaston or Mecklenburg County or in both counties. At 
least one week before the scheduled publication date of 
the North Carolina Register containing the Director's 
notice implementing rules in this Section, the Director 
shall send written notification to all permitted facilities 
within the county in which the rules are being 
implemented that are or may be subject to the 
requirements of this Section informing them that they are 
or may be subject to the requirements of this Section. 
Compliance shall be in accordance with Rule .0909 of this 



Section. 

(f) (e)This Section shall not apply to facilities in 
Mecklenburg county whose potential emissions of volatile 
organic compounds are less than 100 tons per year or to 
facilities in Gaston County until May 1, +995 1997 . If 
Mecklenburg County is designated attainment in 40 CFR 
81.334, all sources in Mecklenburg County subject to a 
rule in this Section before May 1, i99S 1997 , shall 
continue to comply with all such applicable rules in this 
Section. If any county or part of a county to which the 
Section applies in accordance with Paragraph (c) of this 
Rule is later designated in 40 CFR 81.334 as attainment 
for ozone, all sources in that county or that part of the 
county subject to a rule in this Section before the 
redesignation date shall continue to comply with all 
applicable rules in this Section. 

(g) (£>This Section does not apply to: 

(1) sources whose emissions of volatile organic 
compounds are not more than 15 pounds per 
day, except that this Section does apply to the 
manufacture and use of cutback asphalt and to 
gasoline service stations or gasoline dispensing 
facilities regardless of levels of emissions of 
volatile organic compounds; 

(2) sources used exclusively for chemical or 
physical analysis or determination of product 
quality and commercial acceptance provided: 

(A) The operation of the source is not an 
integral part of the production process; and 

(B) The emissions from the source do not 
exceed 800 pounds per calendar month; and 

(c) The exemption is approved in writing by the 
Director; or 

(3) emissions of volatile organic compounds 
during startup or shutdown operations from 
sources which use incineration or other types 
of combustion to control emissions of volatile 
organic compounds whenever the off-gas 
contains an explosive mixture during the 
startup or shutdown operation if the exemption 
is approved by the Director. 

(h) (g)Sources whose emissions of volatile organic 
compounds are not subject to limitation under this Section 
may still be subject to emission limits on volatile organic 
compounds in Rule .0524 or .0525 of this Subchapter. 



Statutory Authority 

143-215. 107(a)(5). 



G.S. 



143-215. 3(a)(1); 



,0909 COMPLIANCE SCHEDULES FOR 

SOURCES IN NEW NONATTAINMENT 
AREAS 

(a) With the exceptions in Paragraph fb) of this Rule, 
this Rule applies to all sources covered by Paragraph (d) 
or £e) of Rule .0902 of this Section. 

(b) This Rule does not apply to: 

(1) sources in Mecklenburg County to which 



10:1 



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April 3, 1995 



19 



PROPOSED RULES 



Rules .0917 through .0938 apply and which 
are located at a facility where the total 
potential emissions of volatile organic 
compounds from all stationary sources at the 
facility is 100 tons per year or more, or 
(2) sources covered under Rule .0946, .0953, or 
.0954 of this Section. 
(c) The owner or operator of any source subject to this 
Rule because of the application of Paragraph [d] or (e) jet} 
of Rule .0902 of this Section shall adhere to the 
following increments of progress and schedules: 

(1) if compliance is to be achieved by installing 
emission control equipment, replacing process 
equipment, or modifying existing process 
equipment: 

(A) A permit application and a compliance 
schedule shall be submitted within six 
months after the Director notices in the 
North Carolina Register that an area is in 
violation of the ambient air quality standard 
for ozone; 

(B) The compliance schedule shall contain the 
following increments of progress: 

(i) a date by which contracts for the 
emission control system and process 
equipment shall be awarded or orders 
shall be issued for purchase of 
component parts: 
(ii) a date by which on-site construction or 
installation of the emission control and 
process equipment shall begin: and 
(iii) a date by which on-site construction or 
installation of the emission control and 
process equipment shall be completed; 

(C) Final compliance shall be achieved within 
three years after the Director notices in the 
North Carolina Register that the area is in 
violation of the ambient air quality standard 
for ozone. 

(2) if compliance is to be achieved by using low 
solvent content coating technology: 

(A) A permit application and a compliance 
schedule shall be submitted within six 
months after the Director notices in the 
North Carolina Register that an area is in 
violation of the ambient air quality standard 
for ozone; 

(B) The compliance schedule shall contain the 
following increments: 

(i) a date by which research and 
development of low solvent content 
coating shall be completed if the 
Director determines that low solvent 
content coating technology has not been 
sufficiently researched and developed; 

(ii) a date by which evaluation of product 
quality and commercial acceptance shall 
be completed; 



(iii) a date by which purchase orders shall be 
issued for low solvent content coatings 
and process modifications; 
(iv) a date by which process modifications 

shall be initiated; and 
(v) a date by which process modifications 
shall be completed and use of low 
solvent content coatings shall begin; 
(C) Final compliance shall be achieved within 
three years after the Director notices in the 
North Carolina Register that the area is in 
violation of the ambient air quality standard 
for ozone. 

(d) The owner or operator shall certify to the Director 
within five days after the deadline, for each increment of 
progress in Paragraph (c) of this Rule, whether the 
required increment of progress has been met. 

(e) If the Director requires a test to demonstrate that 
compliance has been achieved the owner or operator of 
sources subject to this Rule shall conduct a test and 
submit a final test report within six months after the stated 
date of final compliance. 

(f) With such exception as the Director may allow, the 
owner or operator of any source subject to this Rule shall 
continue to comply with 15 A NCAC 2D .0518 until such 
time as the source complies with applicable rules in this 
Section or until the final compliance date set forth in this 
Rule, whichever comes first. The Director may allow the 
following exceptions: 

(1) testing coating materials; 

(2) making or testing equipment or process 
modifications; or 

(3) adding or testing control devices. 

(g) The owner or operator of any new source of 
volatile organic compounds not in existence or under 
construction as of the date that the Director notices in the 
North Carolina Register in accordance with Paragraph (e) 
{d) or (ej of Rule .0902 of this Section that the area is in 
violation of the ambient air quality standard for ozone, 
shall comply with all applicable rules in this Section upon 
start-up of the source. 

(h) Paragraphs (c), (d), and (f) of this Ruie will not 
apply to sources that are in compliance with applicable 
rules of this Section when the Director notices in the 
North Carolina Register that the area is in violation of the 
ambient air quality standard for ozone and that have 
determined and certified compliance to the satisfaction of 
the Director within six months after the Director notices 
in the North Carolina Register that the area is in 
violation. 



Statutory Authority 

143-215. 107(a)(5). 



G.S. 



143-215. 3(a)(1); 



NOTE: Text shown in Bold in 15 A NCAC 2D .0952 
was adopted by agency on March 9, 1995. 
These changes are pending review by the Rules 
Review Commission for an effective date of May 



( 



20 



NORTH CAROLINA REGISTER 



April 3, 1995 



10:1 



PROPOSED RULES 



1, 1995. 

.0952 PETITION FOR ALTERNATIVE 
CONTROLS 

(a) With the exceptions in Paragraph (b) of this Rule, 
this Rule applies to all sources covered by Paragraph (c)^ 
(d), or £e} of Rule .0902 of this S e otion: Section. 

(b) This Rule does not apply to: 

(1) sources in Mecklenburg County to which 
Rules .0917 through .0938 of this Section 
apply and which are located at a facility where 
the total potential emissions of volatile organic 
compounds from all stationary sources at the 
facility is 100 tons per year or more; 

(2) sources covered under Rule .0946 of this 
Section; or 

(3) sources covered under Rules Rule .0953 or 
.0954 of this Section. 

(c) If the owner or operator of any source of volatile 
organic compounds subject to the requirements of this 
Section on May 1^ 1997. July 1, 199 4 , can demonstrate 
that compliance with rules in this Section would be 
technologically or economically infeasible, he may 
petition the Director to allow the use of alternative 
operational or equipment controls for the reduction of 
volatile organic compound emissions. Petition shall be 
made for each source to the Director before May 1^ 1997. 
January 1, 1995. The petition can be made only for 
sources in existence or under construction on May 1^ 
\WL June 30, 199 4 . 

(d) If the owner or operator of any source of volatile 
organic compounds subject to the requirements of this 
Section because of the application of Paragraph (d) or [e} 
of Rule .0902 of this Section can demonstrate that 
compliance with rules in this Section would be 
technologically or economically infeasible, he may 
petition the Director to allow the use of alternative 
operational or equipment controls for the reduction of 
volatile organic compound emissions. Petition shall be 
made for each source to the Director within six months 
after the Director notices in the North Carolina Register 
that the area is in violation of the ambient air quality 
standard for ozone. The petition can be made only for 
sources in existence or under construction on the date that 
the Director notices in the North Carolina Register that 
the area is in violation of the ambient air quality standard 
for ozone. 

(e) The petition shall contain: 

(1) the name and address of the company and the 
name and telephone number of a company 
officer over whose signature the petition is 
submitted; 

(2) a description of all operations conducted at the 
location to which the petition applies and the 
purpose that the volatile organic compound 
emitting equipment serves within the 
operations; 



(3) reference to the specific operational and 
equipment controls under the rules of this 
Section for which alternative operational or 
equipment controls are proposed; 

(4) a detailed description of the proposed 
alternative operational or equipment controls, 
the magnitude of volatile organic compound 
emission reduction which will be achieved, 
and the quantity and composition of volatile 
organic compounds which will be emitted if 
the alternative operational or equipment 
controls are instituted; 

(5) a plan, which will be instituted in addition to 
the proposed alternative operational or 
equipment controls, to reduce, where 
technologically and economically feasible, 
volatile organic compound emissions from 
other source operations at the facility, further 
than that required under the rules of this 
Section, if these sources exist at the facility, 
such that aggregate volatile organic compound 
emissions from the facility will in no case be 
greater through application of the alternative 
control than would be allowed through 
conformance with the rules of this Section; 

(6) a schedule for the installation or institution of 
the alternative operational or equipment 
controls in conformance with Rule .0907 or 
.0909 of this Section, as applicable; and 

(7) certification that emissions of all other air 
contaminants from the subject source are in 
compliance with all applicable local, state and 
federal laws and regulations. 

The petition may include a copy of the permit application 
and need not duplicate information in the permit 
application. 

(f) The Director and the U.S. Environmental Protection 
Agency (EPA) shall approve a petition for alternative 
control if: 

(1) The petition is submitted in accordance with 
Paragraph (e) of this Rule; 

(2) The Director determines that the petitioner 
cannot comply with the rules in question 
because of technological or economical 
infeasibility; 

(3) All other air contaminant emissions from the 
facility are in compliance with, or under a 
schedule for compliance as expeditiously as 
practicable with, all applicable local, state, 
and federal regulations; 

(4) The petition contains a schedule for achieving 
and maintaining reduction of volatile organic 
compound emissions to the maximum extent 
feasible and as expeditiously as practicable; 
and 

(5) A nuisance condition will not result from 
operation of the source as proposed in the 



10:1 



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April 3, 1995 



21 



PROPOSED RULES 



petition. 
(g) When controls different from those specified in the 
appropriate emission standards in this Section are 
approved by the Director and the EPA, the permit shall 
contain a condition stating such controls. 

Statutory Authority G.S. 143-215. 3(a)(1); 

143-215. 107(a)(5). 

SECTION .1400 - NITROGEN OXIDES 

.1402 APPLICABILITY 

(a) The requirements of this Section shall only apply 
from April 1 through October 31. 

(b) Notwithstanding any other provision of this Section, 
after May 31, 1999. Duke Power Company Allen Steam 
Station and Riverbend Steam Station in Gaston County 
shall comply with Rule .1406 of this Section and 
Transcontinental Pipe Line Corporation Station 150 in 
Iredell County shall comply with Rule .1409 of this 
Section. 

(¥)(c) With the exceptions stated in Paragraph f»Ke) of 
this Rule, this Section shall apply, in accordance with 
Rule .1403 of this Section, to all sources of nitrogen 
oxides located in any of the following areas, and in that 
area only, when the Director notices in the North 
Carolina Register that the area is in violation of the 
ambient air quality standard for ozone: 

f4^ Charlotto/Gaatonia, consisting of Mecklenburg 

and Gaston Countioo; 

(1) (3)Greensboro/Winston-Salem/High Point, 
consisting of Davidson, Forsyth, and Guilford 
Counties and the part of Davie County 
bounded by the Yadkin River, Dutchmans 
Creek, North Carolina Highway 801. Fulton 
Creek and back to Yadkin River to the extent 
needed as determined through photochemical 
grid modeling; or 

(2) £3)Raleigh/Durham, consisting of Durham and 
Wake Counties and Dutchville Township in 
Granville County to the extent needed as 
determined through photochemical grid 
modeling. 

At least one week before the scheduled publication date of 
the North Carolina Register containing the Director's 
notice of violation, the Director shall send written 
notification to all permitted facilities within the area of 
violation that are, or may be, subject to the requirements 
of this Section as a result of the violation. Violations of 
the ambient air quality standard for ozone shall be 



determined in accordance with 40 CFR 50.9. 

(d) If a violation of the ambient air quality standard for 
ozone is measured in accordance with 40 CFR 50.9 in 
Cabarrus, Gaston, Iredell, Lincoln, Mecklenburg. Rowan, 
or Union County, North Carolina or York County, South 
Carolina, the Director shall initiate analysis to determine 
the control measures needed to attain and maintain the 
ambient air quality standard for ozone. By the following 
May Jj. the Director shall implement the specific 
stationary source control measures contained in this 
Section that are required as part of the control strategy 
necessary to bring the area into compliance and to 
maintain compliance with the ambient air quality standard 
for ozone. The Director shall implement the rules in this 
Section identified as being necessary by the analysis by 
notice in the North Carolina Register. The notice shall 
identify the rules that are to be implemented and shall 
identify whether the rules implemented are to apply in 
Gaston or Mecklenburg County or in both counties. At 
least one week before the scheduled publication date of 
the North Carolina Register containing the Director's 
notice implementing rules in this Section, the Director 
shall send written notification to all permitted facilities 
within the county in which the rules are being 
implemented that are or may be subject to the 
requirements of this Section informin g them that they are 
or may be subject to the requirements of this Section- 
Compliance shall be in accordance with Rule .0909 of this 
Section. 

(e)fe> This Section does not apply to: 

(1) any sources not required to obtain an air 
permit under 15A NCAC 2Q .0102; 

(2) any incinerator, or thermal or catalytic 
oxidizer used primarily for the control of air 
pollution; 

(3) emergency generators; 

(4) emergency use internal combustion engines; 

(5) stationary combustion turbines constructed 
before January 1, 1979, that operate no more 
than 16 hours per calendar year; 

(6) facilities with a federally enforceable potential 
to emit nitrogen oxides of: 

(A) less than 100 tons per year; and 

(B) less than 560 pounds per calendar day from 
April 1 through October 31. 

Statutory Authority G.S. 143-215. 3(a)(1); 143- 
215. 107(a)(5). 



.1406 UTILITY BOILERS 

(a) With the exception of Duke Power Company Allen Steam Station and Riverbend Steam Station, whose allowable 
emission rates are in Paragraph (c) of this Rule, The the owner or operator of an a utility boiler shall apply RACT according 
to Paragraph (h) of this Rule unless the owner or operator chooses the option of: 

(1) emissions averaging under Rule .1410 of this Section, or 

(2) seasonal fuel switching under Rule .1411 of this Section. 

(b) Emissions of NO, from a» a utility boiler shall not exceed the following RACT limitations for Np : 



( 



22 



NORTH CAROLINA REGISTER 



April 3, 1995 



10:1 



PROPOSED RULES 



MAXIMUM ALLOWABLE NO x EMISSION RATES FOR UTILITY BOILERS 
(POUNDS PER MILLION BTU) 

Firing Method 
Fuel/Boiler Type Tangential Wall 

Coal (Dry Bottom) 0.45 0.50 

Oil and/or Gas 0.20 0.30 

(c) After May 31. 1999. the allowable nitrogen oxide emission rate for the coal-fired units at Duke Power Company Allen 
Steam Station and Riverbend Steam Station shall be 0.405 pounds per million BTU based on a 24-hour rolling average during 
the months of June. July, and August. Duke Power Company shall submit by April l± 1996, a permit application with 
compliance schedule to bring these units into compliance with this Rule by June _l_i 1999. The compliance schedule shall 
contain the increments of progress set out in Rule . 1403(b)(2)(B) of this Section. 

£d)(e) If necessary, the owner or operator shall install combustion modification technology or other NO x control technology 
in order to comply with the applicable RACT limitation set forth in Paragraph (b) of this Rule. If, after reasonable effort 
as defined in Rule .1401 of this Section, the emissions from a utility boiler are greater than the applicable RACT limitation, 
or the requirements of this Rule is not RACT for the particular utility boiler, the owner or operator may petition the Director 
for an alternative RACT limitation or standard in accordance with Rule .1412 of this Section. 

(e)(d) Compliance with the RACT limitation established for a utility boiler shall be determined using a continuous 
emissions monitoring system. 

Statutory Authority G.S. 143-215. 3(a)(1); 143-215. 107(a)(5). 

.1409 STATIONARY INTERNAL COMBUSTION ENGINES 

(a) With the exception of Transcontinental Pipe Line Corporation Station 150 in Iredell County, whose allowable emission 
rates are in Paragraph (c) of this Rule, T-be the owner or operator of a stationary internal combustion engine having a rated 
capacity of 650 horsepower or more and subject to the requirements of this Section as determined by Rule .1402 of this 
Section shall apply RACT in accordance with Paragraph (b) of this Rule. 

(b) Emissions of NO,, from a stationary internal combustion engine shall not exceed the following RACT limitations: 

MAXIMUM ALLOWABLE NO x EMISSION RATES FOR 

STATIONARY INTERNAL COMBUSTION ENGINES 

(GRAMS PER HORSEPOWER HOUR) 

Engine Type 

Rich-burn 

Lean-burn 

Compression 

Ignition 

(c) After May 31, 1999, the allowable nitrogen oxide emission rate for the stationary internal combustion engines at 
Transcontinental Pipe Line Corporation Station 150 in Iredell County shall be seven tons per day based on a 24-hour block 
average beginning at noon during the months of June, July, and August. Transcontinental Pipe Line Corporation shall submit 
by April J_! 1996, a permit application with compliance schedule to bring these engines into compliance with this Rule by 
June _]_,. 1999. The compliance schedule shall contain the increments of progress set out in Rule . 1403(b)(2)(B) of this 
Section. 

(d)fe} If necessary, the owner or operator shall install NO x control technology in order to comply with the applicable 
RACT limitation set forth in Paragraph (b) of this Rule. If, after reasonable effort as defined in Rule . 1401 of this Section, 
the emissions from a stationary internal combustion engine are greater than the applicable RACT limitation, or the 
requirements of this Rule is not RACT for the particular stationary internal combustion engine, the owner or operator shall 
petition the Director for an alternative RACT limitation or standard in accordance with Rule .1412 of this Section. 

(e)(d) Compliance with the RACT limitation established for a stationary internal combustion engine shall be determined 
using annual source testing. 

Statutory Authority G.S. 143-215. 3(a)(1); 143-215. 107(a)(5). 



Fuel Type 


Limitation 


Gaseous 


2.5 


Gaseous 


2.5 


Liquid 


8.0 



10:1 NORTH CAROLINA REGISTER April 3, 1995 23 



PROPOSED RULES 



SECTION .1700 - REFORMULATED 
GASOLINE REQUIREMENTS 

.1701 REFORMULATED GASOLINE 
REQUrREMENTS 

(a) After March 31. 1999, only reformulated gasoline 
shall be sold in the following counties: 
(1) Cabarrus. 



01 

01 

Li) 
Ol 

m 

m 



Gaston, 

Iredell. 

Lincoln. 

Mecklenburg. 

Rowan, and 

Union. 



(b) For the purpose of this Section, "reformulated 
gasoline" means any gasoline whose formulation has been 
certified under 40 CFR 80.40. that meets each of the 
standards and requirements prescribed under 40 CFR Part 
80.41 (e) or £]Q for Control Region 1 and that contains 
less than the maximum concentration of the maker 
specified in 40 CFR 80.82 that is allowed for reformula- 
tion under 40 CFR 80.82. 

Statutory Authority G.S. 143-215. 3(a)(1); 143- 
215.107(a)(7), (10). 

.1702 COMPLIANCE AND REQLTREMENTS 

(a) This Rule does not apply until March 31, 1999. 

(b) Refiners, importers, and oxygenate blenders shall 
comply with all applicable requirements contained in 40 
CFR 80.40 through 80.69 and 80.71 through 80.79, for 
Phase II reformulated gasoline. 

(c) Refiners, importers, oxygenate blenders, carriers, 
distributors, resellers, retailers, or wholesale-purchasers 
who sell, offer for sale, dispense, supply, offers for 
supply, store, transport, or cause the transportation of any 
reformulated gasoline or reformulated gasoline blendstock 
for oxygenated blending shall maintain records in 
accordance with 40 CFR 80.74 (Record Keeping 
Requirements). 

(d) When any person transfers custody or title to any 
reformulated gasoline or reformulated gasoline blendstock 
for oxygenated blending, other than when gasoline is sold 
or dispensed for use in motor vehicles at a retail outlet or 
wholesale purchaser-consumer facility, the transferor shall 
provide to the transferee documents that comply with the 
requirements of 40 CFR 80.77 (Product Transfer 
Documentation') . 

(e) No person may manufacture and sell or distribute, 
offer for sale or distribution, dispense, supply, offer for 
supply, store, transport, or cause the transportation of any 
gasoline represented as reformulated or intended for sale 
or use in any county identified in Rule .1701 of this 
Section unless the requirements of 40 CFR 80.78 
(Controls and Prohibitions on Reformulated Gasoline) and 
80.41 £e) or [£} (Standards and Requirements for 
Reformulated Gasoline) are met. Liability for violations 



of 40 CFR 80.78 shall be determined in accordance with 
40 CFR 80.79, and compliance shall be determined in 
accordance with 40 CFR 80.78(c) and 80.46 
(Measurements of Reformulated Gasoline Fuel 
Parameters). 

Statutory Authority G.S. 143-215. 3(a)(1); 143- 
215.107(a)(7), (10).' 

SECTION .1800 - CLEAN FUEL FLEETS 

.1801 PURPOSE, SCOPE AND APPLICABILITY 

(a) The purpose of this Section is to establish Clean 
Fuel Fleet (CFF) program requirements for the purchase 
and operation of alternatively fueled vehicles in the 
following counties: 



m 

£21 

an 

14] 
Ol 
£61 

ill 



Mecklenburg; 

Gaston; 

Cabarrus; 

Iredell; 

Lincoln; 

Rowan; and 

Union. 



(b) For vehicles purchased after model year 1995, 
alternatively fueled vehicles shall be purchased according 
to the following schedule: 

(1) Light-duty vehicles: 

(A) For Federal vehicles 25 percent in 1996, 33 
percent in 1997, 50 percent in 1998, 75 
percent in 1999, and 100 percent in 2001; 

(B) For State vehicles 10 percent in 1996, 15 
percent in 1997, 25 percent in 1998, 50 
percent in 1999, 70 percent in 2000, and 
100 percent in 2001; 

(c) For Fuel Provider vehicles 30 percent in 
1996, 50 percent in 1997, 70 percent in 
1998, 90 percent in 1999, and 100 percent 
in 2001; and 

(D) For Municipal and Private vehicles 50 
percent in 1999, 70 percent in 2000, and 
100 percent in 2001; 

(2) Heavy-duty vehicles: 50 percent in 1998. 

Statutory Authority 143-215. 3(a)(l);143-215. 107(a)(3); 
143-215. 108(c)(7). 

.1802 DEFINITIONS 

For the purpose of this Section, the definitions contained 
in 40 CFR Parts 86 and 88 and the following definitions 
shall apply: 

(1) "Base gasoline" means gasoline which meets the 

following requirements: 

Specifications of Base Gasoline Used as 
Basis for Reactivity Readjustment: 

API gravity 57.8 

Sulfur, ppm 317 



24 



NORTH CAROLINA REGISTER 



April 3, 1995 



10:1 



PROPOSED RULES 



Color Purple 

Benzene, vol. (%) 1.35 

Reid vapor pressure 8.7 

Drivability 1 1 95 

Antiknock index 87.3 

Distillation, D-86°F 

IBP 92 

10% 126 

50% 219 

90% 327 

EP 414 

Hydrocarbon Type, Vol. _% FIA 

Aromatics 30.9 

Olefins 8.2 

Saturates 60. 9 

(2) "Clean alternative fuel" means any fuel (includ- 
ing methanol, ethanol, or other alcohols (includ- 
ing any mixture thereof containing 85 percent or 
more by volume of such alcohol with gasoline 
or other fuels), diesel, natural gas, liquefied 
petroleum gas, and hydrogen) or power source 
(including electricity) used in a clean-fuel vehi- 
cle that complies with the standards and require- 
ments applicable to such vehicle under this 
Section when using such fuel or power source. 
In the case of flexible or dual fuel vehicle, the 
term clean alternative fuel means only a fuel 
with respect to which such vehicle was certified 
as a clean-fuel vehicle meeting the standards 
applicable to clean-fuel vehicles under Rule 
.1803 of this Section when operating on clean 
alternative fuel. 

(3) "Clean fuel vehicle" means a vehicle in a class 
or category of vehicles which has been certified 
to meet for any model year the clean-fuel vehi- 
cle standards a pplicable under this Section for 
that model year. 

(4) "Covered area" means the Charlotte/Gastonia 
ozone maintenance area consisting of 
Mecklenburg. Gaston, Cabarrus, Union, 
Rowan, Iredell, and Lincoln Counties. 

(5) "Covered fleet" means: 

(a) for federal and fuel provider fleets: 20 or 
more vehicles through model year 2000 and 
10 or more vehicles starting in model year 
2001; 

fb) for state fleets: 20 or more vehicles through 
model year 1998 and 10 or more vehicles 
starting in 1999; and 

(c) for municipal/private fleets: 10 or more 

vehicles starting in model year 1999; which 
are owned or operated by a single person or 
government entity. In determining the number 
of vehicles owned or operated by a single 
person or government entity for purposes of 
this Section, all motor vehicles owned or 
operated, leased or otherwise controlled by 



(61 

lb] 



LU 



L8i 



(9) 
(a) 



(10) 



such person or government entity, by any 
person who controls such person or 
government entity, by any person controlled 
by such person or government entity, and by 
any person under common control with such 
person or government entity shall be treated as 
owned by such person or government entity. 
The term covered fleet shall not include motor 
vehicles held for lease or rental to the general 
public, motor vehicles held for sale by motor 
vehicle dealers (including demonstration 
vehicles), motor vehicles used for motor 
vehicle manufacturer product evaluations or 
tests, law enforcement and other emergency 
vehicles, or nonroad vehicles (including farm 
and construction vehicles). 
"Covered fleet vehicle" means only a motor 



vehicle which is: 
in a vehicle class 



for which standards are 



applicable under this Section; and 
in a covered fleet which is centrally dueled (or 
capable of being centrally fueled). 
No vehicle which under normal operations is 
garaged at a personal residence at night shall be 
a vehicle which is capable of being centrally 
fueled within the meaning of this Section. 
"Dealer" means any person who is engaged in 
the sale or the distribution of new motor 
vehicles or new motor vehicle engines to the 
ultimate purchaser. 

"Federal vehicles" means fleets owned or 
operated by an agency, department, or 
instrumentality of the United States. If the 
Secretary of Defense finds that inclusion of 
certain vehicles could have an adverse impact 
on the national security, such vehicles shall be 
exempted from the provisions of any clean fuel 
fleet vehicle credit program. 
"Fuel provider" means: 
any person engaged in the importing, refining, 
or processing of crude oil to produce motor 
fuel; 

any person engaged in the importation, 

production, storage, transportation, 

distribution, or sale of motor fuel; and 

any person engaged in generating, 

transmitting, importing, or selling at wholesale 

or retail electricity. 

"Manufacturer" means any person engaged in 

the manufacturing or assembling of new motor 

vehicles, new motor vehicle engines, new 

nonroad vehicles or new nonroad engines or 

importing such vehicles or engines for resale, or 

who acts for and is under the control of any 

such person in connection with the distribution 

of new motor vehicles, new motor vehicle 

engines, new nonroad vehicles or new nonroad 



10:1 



NORTH CAROLINA REGISTER 



April 3, 1995 



25 



PROPOSED RULES 



vehicle engines, but shall not include any dealer 
with respect to new motor vehicles, new motor 
vehicles, new motor vehicle engines, new 
nonroad vehicles or new nonroad engines 
received by him in commerce. 

(1 1) "Model year" means for fleet purchase 
requirements as September I through August 
3L 

(12) "Motor vehicle" means any self-propelled 
vehicle designed for transporting persons or 
property on a street or highway, 

(13) "Motor vehicle or engine part manufacturer" 
means any person engaged in the 
manufacturing, assembling or rebuilding of any 
device, system, part, component or element of 
design which is installed in or on motor vehicles 
or motor vehicle engines. 

(14) "Municipal and Private vehicles" means fleets 
that are owned or operated by members of the 
general public, local municipalities, and county 
governments that are subject to the requirements 
of this Section. 

(15) "New motor vehicle" means, with respect to 
vehicles or engines imported or offered for 
importation, a motor vehicle the equitable or 
legal title to which has never been transferred to 
an ultimate purchaser. 

(16) "New motor vehicle engine" means an engine in 
a new motor vehicle or a motor vehicle engine 
the equitable or legal title to which has never 
been transferred to the ultimate purchaser. 

(17) "Nonmethane organic gas (NMOG)" means the 
sum of nonoxygenated and oxygenated 
hydrocarbons contained in a gas sample, 
including, at a minimum, all oxygenated organic 
gases containing five or fewer carbon atoms 
(i.e., aldehydes, ketones, alcohols, ethers, etc.), 
and all known alkanes, alkenes, alkyne s, and 
aromatics containing 12 or fewer carbon atoms. 
In the case of vehicles using fuels other than 
base gasoline, the level of NMOG emissions 
shall be adjusted based on the reactivity of the 
emissions relative to vehicles using base 
gasoline. 

(18) "Nonroad engine" means an internal combustion 
engine (including the fuel system) that is not 
used in a motor vehicle or a vehicle used solely 
for competition. 

(19) "Nonroad vehicle" means a vehicle that is 
powered by a nonroad engine and that is not a 
motor vehicle or a vehicle used solely for 
competition. 

(20) "State vehicles" means fleets owned or operated 
by an agency of the State of North Carolina. If 
the Secretary of Defense finds that inclusion of 
certain vehicles (i.e., National Guard vehicles) 
could have an adverse impact on the national 
security, such vehicles shall be exempted from 



new (21) 



the provisions of any clean fuel fleet vehicle 
credit program. 

"Ultimate purchaser" means, with respect to any 
new motor vehicle or new motor vehicle engine, 
the first person who in good faith purchases 
such new motor vehicle or new engine for 
purposes other than resale. 



Statutory Authority 143-215. 3(a)(1); 143-215. 107(a)(3); 
143-215. 108(c)(7). 

.1803 PROGRAM REQUIREMENTS 

(a) Emission Standards: 

Li) The procedures in 40 CFR 88. 104-94 shall be 
used to determine the clean-fuel vehicle 
tailpipe emission standards for light-duty 
vehicles and light-duty trucks. 

£2} The procedures in 40 CFR 88.105.94 shall be 
used to determine the clean-fuel fleet emission 
standards for heavy-duty engines. 

(3) The procedures in 40 CFR 88.31 1-94 shall be 
used to determine the emissions standards for 
inherently low-emission vehicles (ILEVs). 

(b) Credit. The procedures in 40 CFR 88.304-94 shall 
be used to determine the clean-fuel fleet credit program. 

(c) Labeling Requirements: 

UQ The procedures in 40 CFR 88.305-94 shall be 
used to determine the clean-fuel fleet vehicle 
labeling requirements for heavy-duty vehicles. 

£2} The procedures in 40 CFR 88.312-94 shall be 
used to determine the inherently low-emission 
vehicle labeling requirements. 

(d) Conversions. The procedures in 40 CFR 88.306-94 
shall be used to determine the requirements for a 
converted vehicle to qualify as a clean-fuel fleet vehicle. 

(ej Federal Fleets. The procedures in 40 CFR 88.310- 
94 shall be used to determine the applicability to covered 
federal fleets. 

(f) Incentives for ILEVs. The procedures in 40 CFR 
88.3 13-94 shall be used to determine the incentives for 
the purchase of inherently low-emission vehicles. 

Statutory Authority 143-215. 3(a)(1); 143-215. 107(a)(3); 
143-215. 108(c)(7). 

****************** 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Wildlife 
Resources Commission intends to amend rules cited as 
15A NCAC 10B .0202, .0203, .0214, and WD .0003 with 
changes from the proposed text noticed in the Register, 
Volume 9, Issue 18, pages 1427 - 1460. 

Proposed Effective Date: July 1, 1995. 

Reason for Proposed Action: 

ISA NCAC 10B .0202 - To regulate the harvest of bear 



26 



NORTH CAROLINA REGISTER 



April 3, 1995 



10:1 



PROPOSED RULES 



by setting seasons. 

15A NCAC 10B .0203 - To regulate harvest of deer by 

setting seasons. 

ISA NCAC 10B .0214 - To regulate harvest of wildcat by 

setting seasons. 

ISA NCAC 10D .0003 - To amend/set regulations, 

seasons and bag limits on game lands. 

Comment Procedures: Interested persons may present 
their views either orally or in writing at the hearing. In 
addition, the record of hearing will be open for receipt of 
written comments from April 3, 1995 through May 3 , 
1995. Such written comments must be delivered or mailed 
to the N.C. Wildlife Resources Commission, 512 N. 
Salisbury Street, Raleigh, N.C. 27604-1188. 

Editor's Note: An agency may not adopt a rule that 
differs substantially from the text of a proposed rule 
published in the Register , unless the agency publishes the 
text of the proposed different rule and accepts comments 
on the new text for at least 30 days after the publication 
of the new text. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of local government or state funds. 

CHAPTER 10 - WILDLIFE RESOURCES 
AND WATER SAFETY 

SUBCHAPTER 10B - HUNTING AND 
TRAPPING 

SECTION .0200 - HUNTING 

.0202 BEAR 

(a) Open Seasons shall be from the: 

(1) Monday on or nearest October 15 to the 
Saturday before Thanksgiving and the third 
Monday after Thanksgiving to January 1 in 
and west of the boundary formed by NC 16 
from the Virginia State line to Wilkesboro and 
NC 18 from Wilkesboro to the South Carolina 
State line. 

(2) Second Monday in November to the following 
Saturday and the third Monday after 
Thanksgiving to the following Wednesday in 
all of Beaufort, Camden, Craven, Dare, 
Gates, Hyde, Jones, Pamlico, Pasquotank, 
Tyrrell, and Washington Counti es counties ; 
and in and in the following parts of counties: 
that part of 

Bertie: County that part southeast of US 17, 
and that part of 

Chowan: County that part north of a line 
formed by SR 1002, SR 1222 and SR 4324 

X 1,1. 1 . tUlU rft 

Currituck: Count)': except Knotts Island and 



the Outer Banks that part west of tho 
Intraooaotal wat e rway that is south or woot 
of a lino form e d by Highway 3>1 to Silgo, 
Highway 16 8 through Barco, then Highway 
158 to the Intracoastai waterway; also that 
part e ast of th e Intraooastal wat e rway and 
w e st of a lin e form e d through th e c e nt e r of 
Currituck Sound and North Landing River- 
Hertford: that part east of NC 45. 
Martin: that part east of US 17. 

(3) Second Monday in November to January 1 in 
all of Bladen, Carteret, Duplin, New 
Hanover, Onslow and Pender Counties; 
counties and in the following parts of 
counties: in that part of 

Cumberland: County that part south of NC 
24 and east of the Cape Fear River; River. 
and in that part of 
Sampson oounty that part south of NC 24. 

(4) Second Monday in December to January 1 in 
Brunswick and Columbus Counties, counties. 

(b) No Open Season. There is no open season in any 

area not included in Paragraph (a) of this Rule or in those 

parts of counties included in the following posted bear 

sanctuaries: 

Avery, Burke and Caldwell Counti e s coun 

ties — Daniel Boone bear sanctuary 

Beaufort, Bertie and Washington Counties 
counties — Bachelor Bay bear sanctuary 
Beaufort and Pamlico Counties counties — Gum 
Swamp bear sanctuary 

Bladen County— Suggs Mill Pond bear sanctuary 
Brunswick County— Green Swamp bear sanctuary 
Buncombe, Haywood, Henderson and 

Transylvania Counties counties — Pisgah bear 

sanctuary 

Carteret, Craven and Jones Counties coun 

ties — Croatan bear sanctuary 

Clay County— Fires Creek bear sanctuary 

Currituck County— North River bear sanctuary 

Dare County— Bombing Range bear sanctuary 

Haywood County— Harmon Den bear sanctuary 

Haywood County— Sherwood bear sanctuary 

Hyde County— Gull Rock bear sanctuary 

Hyde County— Pungo River bear sanctuary 

Jackson County— Panthertown-Bonas Defeat bear 

sanctuary 

Jones and Onslow Countie s counties — Hofmann 

bear sanctuary 

Macon County— Standing Indian bear sanctuary 

Macon County— Wayah bear sanctuary 

Madison County— Rich Mountain bear sanctuary 

McDowell and Yancey Counties counties — Mt. 

Mitchell bear sanctuary 

Mitchell and Yancey Counti e s counties — Flat Top 

bear sanctuary 

Wilkes County— Thurmond Chatham bear sanctu 



10:1 



NORTH CAROLINA REGISTER 



April 3, 1995 



27 



PROPOSED RULES 



ary 
(c) Bag limits shall be: 

(1) daily, one; 

(2) possession, one; 

(3) season, one. 

(d) Kill Reports. The carcass of each bear shall be 
tagged and the kill reported as provided by 15A NCAC 
10B .0113. 

Statutory Authority G.S. 113-134; 113-291.2; 113-291.7; 
113-305. 

0203 DEER (WHITE-TAILED) 

(a) Closed Season. All counties and parts of counties not listed under the open seasons in Paragraph (b) in this Rule are 
closed to deer hunting. 

(b) Open Seasons (All Lawful Weapons) 

(1) Male Deer With Visible Antlers. Male deer with antlers or spikes protruding through the skin, as distinguished 
from knobs or buttons covered by skin or velvet, may be taken during the following seasons: 
(A) Monday on or nearest October 15 to January 1 in the following counties and parts of counties: 



( 



Beaufort 


Edgecombe 


Nash 


Scotland** 


Bertie 


Franklin 


New Hanover 


Tyrrell 


Bladen 


Gates 


Northampton 


Vance 


Brunswick 


Greene 


Onslow 


Wake 


Camden 


Halifax 


Pamlico 


Warren 


Carteret 


Hertford 


Pasquotank 


Washington 


Chowan 


Hoke 


Pender 


Wayne 


Columbus* 


Hyde 


Perquimans 


Wilson 


Craven 


Johnston 


Pitt 




Currituck 


Jones 


Richmond** 




Dare 


Lenoir 


Robeson 




Duplin 


Martin 


Sampson 





( 



Cumberland: That part south of NC 24 or east of 1-95. 
Harnett: That part west of NC 87. 

Moore**: All of the county except that part north of NC 211 and west of US 1. 
*Unlawful to hunt or kill deer in Lake Waccamaw or within 50 yards of its shoreline. 
**See 15A NCAC 10D .0003(e)(2) for seasons on Sandhills Game Land. 
(B) Monday of Thanksgiving week to third Saturday after Thanksgiving Day in the following counties and parts 
of counties: 



Alexander 


Davie 


Alleghany 


Forsyth 


Ashe 


Gaston 


Catawba 


Iredell 



Lincoln 


Wilkes 


Stokes 


Yadkin 


Surry 




Watauga 





(C) Monday of Thanksgiving week to third Saturday after Thanksgiving Day in the following counties and parts 
of counties: 



Avery 


Clay 


Jackson 


Polk 


Buncombe 


Cleveland 


Macon 


Rutherford 


Burke 


Graham 


Madison 


Swain 


Caldwell 


Haywood 


McDowell 


Transylvania 


Cherokee 


Henderson 


Mitchell 


Yancey 



(D) Monday before Thanksgiving week to January 1 in the following counties and parts of counties: 
Alamance Davidson Mecklenburg Rockingham 



( 



28 



NORTH CAROLINA REGISTER 



April 3, 1995 



10:1 



PROPOSED RULES 



Anson 


Durham 


Cabarrus 


Granville 


Caswell 


Guilford 


Chatham 


Lee 



Montgomery 


Rowan 


Orange 


Stanly 


Person 


Union 


Randolph 





Cumberland: That part north of NC 24 and west of 1-95. 
Harnett: That part east of NC 87. 
Moore: That part north of NC 21 1 and west of US 1. 
(2) Deer of Either Sex. Deer of either sex may be taken during the open seasons and in the counties and portions 
of counties listed in this Subparagraph: 

(A) The open either-sex deer hunting dates established by the U.S. Fish and Wildlife Service during the period from 
the first Saturday in October to January 1 in those parts of Hyde, Tyrrell and Washington Counties counties 
known as the Pocosin Lakes National Wildlife Refuge, in those parts of Camden, Gates and Pasquotank 
Counti e o counties known as the Dismal Swamp National Wildlife Refuge, and in that part of Currituck County 
known as the Mackay Island National Wildlife Refuge and those parts of Anson and Richmond Countios counties 
known as Pee Dee National Wildlife Refuge. 

(B) The open either-sex deer hunting dates established by the appropriate military commands during the period from 
Monday on or nearest October 15 to January 1 in that part of Brunswick County known as the Sunny Point 
Military Ocean Terminal, in that part of Craven County known and marked as Cherry Point Marine Base, in 
that part of Onslow County known and marked as the Camp Lejeune Marine Base, on Fort Bragg Military 
Reservation, and on Camp Mackall Military Reservation. 

(C) Second Saturday in October for youth either sex deer hunting by permit only on a designated portion of Belews 
Creek Steam Station in Stokes County. 

(D) The second Saturday in December in all of Buncombe, Catawba, Gaston, Haywood, Henderson, Lincoln, 
Madison, Mitchell, Polk , Transylvania, and Yancey Counties and the following parts of counties: 
Avery: That part south of the Blue Ridge Parkway. 

(E) Wednesday to Saturday of the week following Thanksgiving in all of Cumberland, Dar e , Harnett, Hoke, 
Mecklenburg, Tyrrell, Union, and Wilson Counties counties and in the following parts of counties: 

Cabarrus: That part west of US 52 and east of 1-85. 

Cumberland: That part west of 1-95. 

Dare: except the Outer Banks north of Whalebone. 

Johnston ; That part north of US 70 or west of I 95. 

Richmond: That part east of a line formed by US 220 from the Montgomery County line to Rockingham and 

US 1 from Rockingham to the South Carolina line, except on game lands. 
Rowan: That part west of US 52. 

Sampson: That part north of NC 2 4 . 

Scotland: That part north of US 74 except game lands. 

Wayne: That part north of US 70. 

(F) Wednesday of the week following Thanksgiving to Saturday of next succeeding week in all of Alamance, 
Caswell, Camden, Chatham, Franklin, Greene, Guilford, Lee, Orange, Pasquotank, Person, Rockingham, 
Stanly, Vanco, and Washington Counties counties and in the following parts of counties: 

Cabarrus: That part east of US 52. 

Carteret: All of the county except game lands. 

Chowan: That part north of US 17 and west of NC 32. 

Columbus: That part west of US 74, SR 1005, and SR 1125. 

Cumberland: That part east of 1-95. 

Currituck: All of the county except the Outer Banks. 

Davidson: except Except on game lands southeast of NC 49. 

Durham: All of the county except on game lands. Burner Falls of Nouso Game Land. 

Granvill e : All of th e count)' e xc e pt Burn e r Falls of N e uoo Game Land. 

Johnston: That part north of US 70 or west of 1-95. 

Lonoir: That part west of NC 11. 



Montgomery: All of tho count) 1 except Uwharrio Game La adr 

Moore: All of the county except Sandhills Game Land. 

Nash: That part south of US 64. 

Orange: All of the county except on game lands. 

Randolph: All of the county except on game lands. 



10:1 



NORTH CAROLINA REGISTER 



April 3, 1995 



29 



PROPOSED RULES 



Richmond: That part east of Little River and west of a line formed by US 220 from the Montgomery County 

line to Rockingham and US 1 from Rockingham to the South Carolina line. 
Robeson: That part east of 1-95. 

Rowan: That part east of US 52 . except on game lands . 

Wake: All of the county except on game lands. Butnor Falls of Nouso Game Land. 

Wayne: That part south of US 70. 
(G) Monday of Thanksgiving week to the third Saturday after Thanksgiving Day in that part of Buncombe County 
east of NC 191, south of the French Broad and Swannanoa Rivers, west of US 25, and north of SR 3503, NC 
280 and SR 3501. 
(H) Wednesday of the week following Thanksgiving to January 1 in all of Brunswick, Edgecombe, Franklin, Gates, 
Hertford, Lenoir, Northampton, Perquimans, Pitt, Sampson, Vance, and Warren Counti es , counties, and in 
the following parts of counties: 
Anson: All of the county except game lands. 

Beaufort: All of the county except game lands. 

Bertie: All of the county except Roanoke River Wetlands and Roanoke River National Wildlife Refuge. 

Bladen: All of the county except game lands. 

Chatham: All of the county except game lands. 

Chowan: That part south of US 17 or east of NC 32. 

Columbus: That part east of a line formed by US 74, SR 1005, and SR 1125. 

Craven: All of the county except game lands. 

Dare: That part of the Outer Banks north of Whalebone. 

Duplin: All of the county except game lands. 

Granville: All of the county except game lands. 

Halifax: All of the county except Roanoke River Wetlands. 

Hyde: All of the county except game lands. 

Johnston: That part south of US 70 and east of 1-95. 

Jones: All of the county except game lands. 

Lonoir: That part e ast of NC 1 1 . 

Martin: All of the county except Roanoke River Wetlands. 

Montgomery: All of the county except game lands. 

Nash: That part north of US 64. 

New Hanover: That part north of US 74, except game lands. 

Onslow: All of the county except game lands. 

Pamlico: All of the county except game lands. 

Pender: All of the county except game lands. 

Richmond: That part west of Little River. 

Sampson: That part south of NC 2 4 . 

(I) The second Wednesday after Thanksgiving to the third Saturday after Thanksgiving in all of Alexander, 
Alleghany, Ashe, Cleveland, Davie, Forsyth, Iredell. Rutherford. Stokes, Surry, and Wilkes and Yadkin 
counties. Counties. 
(J) The third Friday after Thanksgiving to the third Saturday after Thanksgiving in all of Alloghony, Asho, Burke, 

Caldwell, For s yth, McDowell, Polk, and Watauga counties, and Yadkin Counti e s. 
(K) In those counties or parts of counties listed in Paragraph (b) (2) (H), except on game lands, two antlerless deer 
may be taken during that part of the regular gun season in which no other either sex season is open and must 
be tagged with the Antlerless deer tag or the Bonus Antlerless deer tag. 
(L) In those counties or parts of counties listed in Part (b)(2)(F), except on game lands, one antlerless deer may 
be taken during that part of the regular gun season in which no other either-sex season is open and must be 
tagged with the Antlerless deer tag. 
(M) In Alexander, Alleghany, Ashe, Davie, Forsyth, Iredell, Stokes, Surry, Wilkes, and Yadkin counties except 
on Game Lands, one anterless deer may be taken during that part of the regular gun season and that part of the 
muzzle-loading season in which no other either-sex season is open and must be tagged with the Antlerless deer 
tag. 
(3) Game Lands Either-Sex Hunts. On the hunt dates indicated, deer of either sex may be taken by permittees 
engaged in managed hunts conducted on game lands in accordance with 15A NCAC 10D .0003(e)(4) and (5). 
(c) Open Seasons (Bow and Arrow) 
(1) Authorization. Subject to the restrictions set out in Subparagraph (2) of this Paragraph and the bag limits set out 
in Paragraph (e) of this Rule, deer of either sex may be taken with bow and arrow during the following seasons: 
(A) Monday on or nearest September 10 to the fourth Saturday thereafter in the counties and parts of counties 

30 NORTH CAROLINA REGISTER April 3, 1995 10:1 



PROPOSED RULES 



having the open season for male deer specified by Part (A) of Subparagraph (b)(1) of this Rule, except on the 
Sandhills Game Land and the area known as the Outer Banks in Currituck County. 

(B) Monday on or nearest September 10 to the second Saturday before Thanksgiving in the counties and parts of 
counties having the open seasons for male deer specified by Part (B) of Subparagraph (b)(1) of this Rule. 

(C) Monday on or nearest September 10 to the fourth Saturday thereafter, and Monday on or nearest October 15 
to the Saturday before Thanksgiving in the counties and parts of counties having the open seasons for male deer 
specified by Part (C) of Subparagraph (b)(1) of this Rule. 

(D) Monday on or nearest September 10 to the third Saturday before Thanksgiving in the counties and parts of 
counties having the open season for male deer specified by Part (D) of Subparagraph (b)(1) of this Rule, and 
on Sandhills Game Land. 

(2) Restrictions 

(A) Dogs may not be used for hunting deer during the bow and arrow season. 

(B) It is unlawful to carry any type of firearm while hunting with a bow during the bow and arrow deer hunting 
season. 

(C) Only bows and arrows of the types authorized in 15A NCAC 10B .0116 for taking deer may be used during 
the bow and arrow deer hunting season. 

(d) Open Seasons (Muzzle-Loading Rifles and Shotguns) 

(1) Authorization. Subject to the restrictions set out in Subparagraph (2) of this Paragraph, deer may be taken only 
with muzzle-loading firearms during the following seasons: 

(A) Monday on or nearest October 8 to the following Saturday in the counties and parts of counties having the open 
seasons for male deer specified by Items (A) and (C) of Subparagraph (b)(1) of this Rule, except on Sandhills 
Game Land and the area known as the Outer Banks in Currituck County. 

(B) Monday to Saturday of the week preceding Thanksgiving week in the counties and parts of counties having the 
open seasons for male deer specified by Item (B) of Subparagraph (b)(1) of this Rule. 

(C) Monday to Saturday of the second week before Thanksgiving week in the counties and parts of counties having 
the open season for male deer specified by Part (D) of Subparagraph (b)(1) of this Rule, and on Sandhills Game 
Land. 

(2) Restrictions 

(A) Deer of either sex may be taken during muzzle-loading firearms season in those counties or parts of counties 
listed in Parts (A) and (D) of Subparagraph (b) (1) of this Rule and deer of either sex may be taken on the last 
day of muzzle-loading firearms season in those counties or parts of counties listed in Part (B) and (C) of 
Subparagraph (b) (1) of this Rule. 

(B) Dogs may not be used for hunting deer during the muzzle-loading firearms seasons. 

(C) Pistols may not be carried while hunting deer during the muzzle-loading firearms seasons. 

(e) Bag Limits: Daily, two; possession, five, one of which must be antlerless; season, five, one of which must be 
antlerless. In those areas listed in Part (b)(2)(T) of this Rule one additional antlerless deer may be taken provided it is tagged 
with the Bonus Antlerless deer tag. Antlerless deer include males with knobs or buttons covered by skin or velvet as 
distinguished from spikes protruding through the skin. The antlerless bag limits described in this Rule do not app ly to 
antlerless deer harvested in areas covered in the Deer Management Assistance Program as described in GS 1 13-291. 2(e). 
Individual daily antlerless bag limits on these areas are determined by the number of special tags, issued by the Division of 
Wildlife Management as authorized by the Executive Director, that are in the possession of the hunter. Season antlerless 
bag limits are set by the number of tags available. All antlerless deer harvested on these areas, regardless of the date of 
harvest, must be tagged with these special tags but do not have to be tagged with Big Game Tags provided with the hunting 
license. 

(f) Kill Reports. The carcass of each deer shall be tagged and the kill reported as provided by 15A NCAC 10B .0113. 



Statutory Authority G.S. 113-134; 113-270.3; 113-276.1; 113-291.1; 113-291.2. 



.0214 WILDCAT (BOBCAT) 

(a) Open Seasons: 
(1) Third Monday after Thanksgiving to January 
31 in and west of Stokes, Forsyth, Davie, 
Iredell, Mecklenburg and Union Counties, 
except there is no open season in the 
following parts of counties: 

Cherokee: That part north of US 64 
and NC 294, east of Persimmon Creek 



and Hiwassee Lake, south of Hiwassee 

Lake, and west of Nottely River. 

Jackson: — That part north of SR 1762 

and NC 2 8 1, e ast of SR 1757 and south 

of SR 1756. 

Madison: That part north of the French 

Broad River, south of US 25-70, and 

west of SR 1319. 

Polk: That part northw e st of NC 108 



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April 3, 1995 



31 



PROPOSED RULES 



and wost of I 26 south of Columbus. 
Rutherford: — That part east of US 221 
and north of Buoinoao US 74. 
(2) The Monday on or nearest October J_5 through 
Third Monday after Thanksgiving to the 
second Saturday last day in February in all 
other counties, 
(b) Bag Limits: No restriction. 

Statutory Authority G.S. 113-134; 113-291.2. 

SUBCHAPTER 10D - GAME LAND 
REGULATIONS 

.0003 HUNTING ON GAME LANDS 

(a) Safety Requirements. No person while hunting on 
any designated game land shall be under the influence of 
alcohol or any narcotic drug, or fail to comply with 
special restrictions regarding the use of the Blue Ridge 
Parkway where it adjoins game lands listed in this Rule. 

(b) Traffic Requirements. No person shall park a 
vehicle on game lands in such a manner as to block 
traffic, gates or otherwise prevent vehicles from using any 
roadway. 

(c) Tree Stands. It is unlawful to erect or to occupy, 
for the purpose of hunting, any tree stand or platform 
attached by nails, screws, bolts or wire to a tree on any 
game land designated herein. This prohibition shall not 
apply to lag-screw steps or portable stands that are 
removed after use with no metal left remaining in or 
attached to the tree. 

(d) Time and Manner of Taking. Except where closed 
to hunting or limited to specific dates by this Chapter, 
hunting on game lands is permitted during the open 
season for the game or furbearing species being hunted. 
On managed waterfowl impoundments, hunters shall not 
enter the posted impoundment areas earlier than 4:00 a.m. 
on the permitted hunting dates, and hunting is prohibited 
after 1:00 p.m. on such hunting dates; decoys may not be 
set out prior to 4:00 a.m. and must be removed by 3:00 
p.m. each day. No person shall operate any vessel or 
vehicle powered by an internal combustion engine on a 
managed waterfowl impoundment. 

No person shall attempt to obscure the sex or age of 
any bird or animal taken by severing the head or any 
other part thereof, or possess any bird or animal which 
has been so mutilated. 

No person shall place, or cause to be placed on any 
game land, salt, grain, fruit, or other foods without prior 
written authorization of the commission or its agent. A 
decision to grant or deny authorization shall be made 
based on the best management practices for the wildlife 
species in question. No person shall take or attempt to 
take any game birds or game animals attracted to such 
foods. 

No live wild animals or wild birds shall be removed 
from any game land. 

(e) Hunting Dates: For purposes of this Section 



"Eastern" season refers to seasons set for those counties 
or parts of counties listed in 15A NCAC 10B 
.0203(b)(1)(A); "Central" season refers to seasons set for 
those counties or parts of counties listed in 15A NCAC 
10B .0203(b)(1)(D); "Northwestern" season refers to 
seasons set for those counties or parts of counties listed in 
15ANCAC 10B .0203(b)(1)(B); "Western" season refers 
to seasons set for those counties or parts of counties listed 
in 15A NCAC 10B .0203(b)(1)(C). 

(1) Doves may be taken on the following game 
lands and dove hunting is limited to Mondays, 
Wednesdays, Saturdays and to Thanksgiving, 
Christmas and New Year's Days within the 
federally -announced season: 

Guilford County-Guilford County Farm Game 

Land 

Lenoir County— Caswell Farm Game Land 

(2) Any game may be taken during the open 
seasons on the following game lands and 
hunting is limited to Mondays, Wednesdays, 
Saturdays and Thanksgiving, Christmas and 
New Year's Days. In addition, deer may be 
taken with bow and arrow on the opening day 
of the bow and arrow season for deer. 
Special hunts on other days may also be set up 
for participants in the Disabled Sportsman 
Program. Raccoon and opossum hunting may 
continue until 7:00 a.m. on Tuesdays, until 
7:00 a.m. on Thursdays, and until midnight 
on Saturdays. Additional restrictions apply as 
indicated in parentheses following specific 
designations: 

Ashe County— Carson Woods Game Land 
Bladen County— Bladen Lakes State Forest 
Game Lands (Handguns may not be carried 
and, except for muzzle-loaders, rifles larger 
than .22 caliber rimfire may not be used or 
possessed. On the Breece Tract and the 
Singletary Tract deer and bear may be taken 
only by still hunting. Deer of either sex may 
be taken Mondays, Wednesdays, and 
Saturdays from the first Wednesday after 
Thanksgiving through the following 
Wednesday. Deer of either sex may also be 
taken the Saturday preceding Eastern bow 
season with bow and arrow and the Friday 
preceding the Eastern muzzle-loading season 
with any legal weapon (with weapons 
exceptions described in this Paragraph) by 
participants in the Disabled Sportsman 
Program. Wild turkey hunting is by permit 
only.) 

Caswell County— Caswell Game Land— (Deer 
of either sex may also be taken the Friday 
preceding the Central muzzle-loading season 
by participants in the Disabled Sportsman 
Program.) 
Catawba and Iredell Counties— Catawba Game 



32 



NORTH CAROLINA REGISTER 



April 3, 1995 



10:1 



PROPOSED RULES 



Land (No deer may be taken from the tract 
known as Island Point and deer may be taken 
with bow and arrow only from the tract 
known as Molly's backbone.) 
Lonoir County H.M. — Bizzoll, — Sr., Game 

Onslow County— White Oak River 
Impoundment Game Land (In addition to the 
dates above indicated, waterfowl may be taken 
on the opening and closing days of the 
applicable waterfowl seasons.) 
Pender County— Holly Shelter Game Land (In 
addition to the dates above indicated, 
waterfowl may be taken on the opening and 
closing days of the applicable waterfowl 
seasons. Deer of either sex may be taken on 
Mondays, Wednesdays, and Saturdays from 
the first Wednesday after Thanksgiving 
through the third fourth Saturday after 
Thanksgiving.) Deer of either sex may also 
be taken the Friday preceding the Eastern 
muzzle-loading season with any legal weapon 
and the Saturday preceding Eastern bow 
season with bow and arrow by participants in 
the Disabled Sportsman Program.) 
Richmond, Scotland and Moore 

Counties— Sandhills Game Land (The regular 
gun season for deer consists of the open 
hunting dates from the second Monday before 
Thanksgiving to the third Saturday after 
Thanksgiving except on the field trial grounds 
where the gun season is from the second 
Monday before Thanksgiving to the Saturday 
following Thanksgiving. Deer may be taken 
with bow and arrow on all open hunting dates 
during the bow and arrow season, as well as 
during the regular gun season. Deer may be 
taken with muzzle-loading firearms on 
Monday, Wednesday and Saturday of the 
second week before Thanksgiving week, and 
during the regular gun season. Either sex 
deer hunting with any legal weapon is 
permitted on all areas the Thursday and 
Friday prior to the muzzle-loading season 
described in this Paragraph for participants in 
the Disabled Sportsman Program. Except for 
the deer seasons above indicated and the 
managed either-sex permit hunts, the field trial 
grounds are closed to all hunting during the 
period October 22 to March 31. In addition 
to the regular hunting days, waterfowl may be 
taken on the opening and closing days of the 
applicable waterfowl seasons. Wild turkey 
hunting is by permit only. Dove hunting on 
the field trial grounds will be prohibited from 
the second Sunday in September through the 
remainder of the hunting season.) 



Robeson County— Robeson Game Land 
Robeson County— Bullard and Branch Hunting 
Preserve Game Land 
Sampson County— Sampson Game Lands 
Stokes County— Sauratown Plantation Game 
Land 

Wayne County— Cherry Farm Game Land, the 
use of centerfire rifles and handguns is 
prohibited 

Yadkin County— Huntsville Community Farms 
Game Land 
(3) Any game may be taken on the following 
game lands during the open season, except 
that: 

(A) Bears may not be taken on lands designated 
and posted as bear sanctuaries; 

(B) Wild boar may not be taken with the use of 
dogs on such bear sanctuaries, and wild boar 
may be hunted only during the bow and 
arrow seasons, the muzzle-loading deer 
season and the regular gun season on male 
deer on bear sanctuaries; located in and w e st 
of th e oounti e o of Madioon, — Bunoomb e , 
Henderson and Polk; 

(C) On game lands open to deer hunting located 
in or west of the counties of Rockingham, 
Guilford, Randolph, Montgomery and 
Anson, the following rules apply to the use 
of dogs during the regular season for 
hunting deer with guns: 

(i) Except for the counties of Cherokee, 
Clay, Graham, Jackson, Macon, 
Madison, Polk, and Swain, game birds 
may be hunted with dogs, 
(ii) In the counties of Cherokee, Clay, 
Graham, Jackson, Macon, Madison, 
Polk, and Swain, small game in season 
may be hunted with dogs on all game 
lands except on bear sanctuaries. 

(D) On Croatan, Jordan, and Shearon Hams 
Game Lands, and posted waterfowl 
impoundments on Goose Creek Game 
Lands, waterfowl may be taken only on 
Mondays, Wednesdays, Saturdays; on 
Thanksgiving, Christmas and New Year's 
Days; and on the opening and closing days 
of the applicable waterfowl seasons. After 
November 1, on the Pamlico Point, 
Campbell Creek, and Spring Creek 
impoundments, located on the Goose Creek 
Game Lands, a special permit is required for 
hunting on opening and closing days of the 
duck seasons, Saturdays of the duck seasons, 
and on Thanksgiving and New Year's day; 

(E) On the posted waterfowl impoundments of 
Gull Rock Game Land hunting of any 
species of wildlife is limited to Mondays, 



10:1 



NORTH CAROLINA REGISTER 



April 3, 1995 



33 



PROPOSED RULES 



Wednesdays, Saturdays; Thanksgiving, 
Christmas, and New Year's Days; and the 
opening and closing days of the applicable 
waterfowl seasons; 

(F) On bear sanctuaries in and west of Madison, 
Buncombe, Henderson and Polk Counties 
dogs may not be trained or allowed to run 
unleashed between March 1 and October 1 1 ; 

(G) On Anson, Chatham, Jordan, New Lake, 
Pee Dee River, Pungo River, Shearon 
Harris and Gull Rock Game Lands deer of 
either sex may be taken from the first 
Wednesday after Thanksgiving through the 
third Saturday after Thanksgiving. 

(H) On Burner-Falls of Neuse and Person Game 
Lands waterfowl may be taken only on 
Tuesdays, Thursdays and Saturdays, 
Christmas and New Year's Days, and on the 
opening and closing days of the applicable 
waterfowl seasons; 
(1) On Alcoa southeast of NC 49, Angola Bay, 
Butner-Falls of Neuse, Goose Creek, 
Hofmann Forest, aad Sutton Lake and 
Unwharrie Game Lands deer of either sex 
may be taken from the first Wednesday after 
Thanksgiving through the following 
Saturday; 
(J) On Croatan and Neuse River Game Lands 
deer of either sex may be taken from the 
first Wednesday after Thanksgiving through 
the following Tuesday; 

(K) Horseback riding is allowed on the Caswell 
and Thurmond Chatham game lands only 
during June, July, and August and on 
Sundays during the remainder of the year 
except during open turkey and deer seasons. 
Horseback riding is allowed only on roads 
opened to vehicular traffic. Participants 
must obtain a game lands license prior to 
engaging in such activity; 

(L) On the posted waterfowl impoundments on 
the Jordan and Butner-Falls of Neuse game 
lands a special permit is required for all 
waterfowl hunting. 

(M) Additional restrictions or modifications apply 
as indicated in parentheses following specific 
designations: 

Alexander and Caldwell Counties— Brushy 
Mountains Game Lands 
Anson County— Anson Game Land 
Anson, Montgomery, Richmond and Stanly 
Counties— Pee Dee River Game Lands (Use 
of centerfire rifles prohibited in that portion 
in Anson and Richmond counties N. Of US- 
74.) 

Ashe County— Elk Ridge Game Lands 
Ashe County— Cherokee Game Lands 
Ashe and Watauga Counties— Elk Knob 



Game Land 

Avery, Buncombe, Burke, Caldwell, 

Haywood, Henderson, Jackson, Madison, 

McDowell, Mitchell, Transylvania, Watauga 

and Yancey Counties— Pisgah Game Lands 

(Harmon Den and Sherwood Bear 

Sanctuaries in Haywood County are closed 

to hunting raccoon, opossum and wildcat. 

Training raccoon and opossum dogs is 

prohibited from March 1 to October 1 1 in 

that part of Madison County north of the 

French Broad River, south of US 25-70 and 

west of SR 1319.) 

Bertie— Bertie County Game Land 

Bertie, Halifax and Martin Counties— 

Roanoke River Wetlands (Hunting is by 

permit only. Vehicles are prohibited on 

roads or trials except those operated on 

official Commission business or by permit 

holders.) 

Bertie and Washington Counties— Bachelor 

Bay Game Lands 

Beaufort and Pamlico Counties— Goose 

Creek Game Land 

Brunswick County— Green Swamp Game 

Land 

Burke and Cleveland Counties— South 

Mountains Game Lands 

Caldwell, Watauga and Wilkes 

Counties— Yadkin Game Land 

Camd e n Camd e n County Gam e Land 

Carteret, Craven and Jones 

Counties— Croatan Game Lands 

Chatham County— Chatham Game Land 

Chatham, Durham, Orange, and Wake 

Counties— Jordan Game Lands (On areas 

posted as "archery zones" hunting is limited 

to bow and arrow. Horseback riding, 

including all equine species, is prohibited. 

Target shooting is prohibited.) 

Chatham and Wake Counties— Shearon 

Harris Game Land 

Cherokee, Clay, Graham, Jackson, Macon, 

Swain and Transylvania Counties— Nantahala 

Game Lands. Raccoon and opossum may be 

hunted only from sunset Friday until sunrise 

on Saturday and from sunset until 12:00 

midnight on Saturday on Fires Creek Bear 

Sanctuary in Clay County and in that part of 

Cherokee County north of US 64 and NC 

294, east of Persimmon Creek and Hiwassee 

Lake, south of Hiwassee Lake and west of 

Nottely River; in the same part of Cherokee 

County dog training is prohibited from 

March 1 to October 11. It is unlawful to 

train dogs or allow dogs to run unleased on 

any game land in Graham County between 

March 1 and October 11. 



34 



NORTH CAROLINA REGISTER 



April 3, 1995 



10:1 



PROPOSED RULES 



Chowan County—Chowan Game Land 

Cleveland County— Gardner-Webb Game 

Land 

Craven County—Neuse River Game Land 

Currituck County— North River Game Land 

Currituck County— Northwest River Marsh 

Game Land 

Dare County— Dare Game Land (No hunting 

on posted parts of bombing range.) The use 

and training of dogs is prohibited from 

March 1 through June 30. 

Davidson, Davie, Montgomery, Rowan and 

Stanly Counties— Alcoa Game Land 

Davidson County— Linwood Game Land 

Davidson, Montgomery and Randolph 

Counties— Uwharrie Game Land 

Duplin and Pender Counties— Angola Bay 

Game Land 

Durham, Granville and Wake 

Counties— Butner-Falls of Neuse Game Land 

(On that part marked as the Penny Bend 

Rabbit Research Area no hunting is 

permitted. Horseback riding, including all 

equine species, is prohibited. Target 

shooting is prohibited.) 

Gates County—Chowan Swamp Game Land 

Henderson, Polk and Rutherford 

Counties— Green River Game Lands 

Hyde County— Gull Rock Game Land 

Hyde County— Pungo River Game Land 

Hyde and Tyrrell Counties— New Lake 

Game Land 

Jones and Onslow Counties— Hofmann 

Forest Game Land 

Lee County— Lee Game Land 

McDowell and Rutherford 

Counties— Dysartsville Game Lands 

Moore County— Moore Game Land 

New Hanover County— Sutton Lake Game 

Land 

Pender County— Northeast Cape Fear Game 

Land 

Person County— Person Game Land 

Transylvania County— Toxaway Game Land 

(Deer of either sex may be taken with a bow 

and arrow on the Saturday prior to the first 

segment of the Western bow and arrow 

season by participants of the Disabled 

Sportsman Program.) 

Tyrrell and Washington Counties— Lantern 

Acres Game Land 

Vance County— Vance Game Land. (The 

use of dogs, centerfire rifles and handguns 

for hunting deer is prohibited on the 

Nutbush Peninsula tract of Vance Game 

Lands.) 

Wilkes County— Thurmond Chatham Game 



Land (Deer of either sex may be taken with 
bow and arrow on the Saturday prior to 
Northwestern bow and arrow season by 
participants of the Disabled Sportsman 
Program.) 

(4) Deer of either sex may be taken on the hunt 
dates indicated by holders of permits to 
participate in managed hunts scheduled and 
conducted in accordance with this 
Subparagraph on the game lands or portions of 
game lands included in the following schedule: 
Friday and Saturday of the first week after 
Thanksgiving Week: 

Uwharri e and Alooa south e ast of NC 19 
Thursday and Friday of the week before 
Thanksgiving Week: 

Sandhills east of US l 

Sandhills west of US l 
Application forms for permits to participate in 
managed deer hunts on game lands, together 
with pertinent information and instructions, 
may be obtained from hunting and fishing 
license agents and from the Wildlife 
Resources Commission. Completed 

applications must be received by the 
Commission not later than the first day of 
September next preceding the dates of hunt. 
Permits are issued by random computer 
selection, are mailed to the permittees prior to 
the hunt, and are nontransferable. A hunter 
making a kill must tag the deer and report the 
kill to a wildlife cooperator agent. 

(5) The following game lands and Federal 
Wildlif e R e fug e refuges are closed to all 
hunting except to those individuals who have 
obtained a valid and current permit from the 
Wildlife Resources Commission: Bertie, 
Halifax and Martin Counties— Roanoke River 
Wetlands; 

Bertie County— Roanoke River National 

Wildlife Refuge. 

Dare County— Dare Game Lands (Those 

parts of bombing range posted against 

hunting) 

Davie— Hunting Creek Swamp 

Waterfowl Refuge 

Gaston, Lincoln and Mecklenburg 

Counties— Cowan's Ford Waterfowl 

Refuge. 

Statutory Authority G.S. 113-134; 113-264; 113-291.2; 
113-291.5; 113-305. 



N 



otice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Wildlife 



10:1 



NORTH CAROLINA REGISTER 



April 3, 1995 



35 



PROPOSED RULES 



Resources Commission intends to amend rule cited as 15A 
NCAC 10D .0002. 

Proposed Effective Date: July 1, 1995. 

A Public Hearing will be conducted at 10:00 a.m. on 

April 18, 1995 at the Archdale Building, 512 N. Salisbury 
St., Raleigh, NC 27604. 

Reason for Proposed Action: To amend rule to allow 
trapping on Penny Bend Rabbit Research area of Butner 
Falls of the Neuse game lands. 

Comment Procedures: Interested persons may present 
their views either orally or in writing at the hearing. In 
addition, the record of hearing will be open for receipt of 
written comments from April 3, 1995 through May 5, 
1995. Such written comments must be delivered or mailed 
to the N.C. Wildlife Resources Commission, 512 N. 
Salisbury Street, Raleigh, NC 27604-1188. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of local government or state funds. 

CHAPTER 10 - WILDLIFE 
RESOURCES AND WATER SAFETY 

SUBCHAPTER 10D - GAME LAND 
REGULATIONS 

.0002 GENERAL REGULATIONS REGARDING 
USE 

(a) Trespass. Entry on game lands for purposes other 
than hunting, trapping or fishing shall be as authorized by 
the landowner and there shall be no removal of any plants 
or parts thereof, or other materials, without the written 
authorization of the landowner. Travel is restricted, 
except by authorized personnel, to direct access from SR 
2074 to the established waterfowl viewing stands on 
Cowan"s Ford Waterfowl Refuge. The Wildlife 
Resources Commission may designate areas on game 
lands as either an Archery Zone. Safety Zone or 
Restricted Zone. 

(1) Archery Zone. On portions of game lands 
posted as "Archery Zones" hunting is limited 
to bow and arrow hunting only. 

(2) Safety Zone. On portions of game lands 
posted as "Safety Zones" hunting is 
prohibited. No person shall hunt or discharge 
a firearm or bow and arrow within, into, or 
across a posted safety zone on any game land. 

(3) Restricted Zone. Portions of game lands 
posted as "Restricted Zones" are closed to all 
use by the general public, and entry upon such 
an area for any purpose is prohibited without 
first having obtained specific written approval 
of such entry or use from an authorized agent 
of the Wildlife Resources Commission. 



(4) Establishment of Archery and Restricted 
Zones. The Commission shall conduct a 
public input meeting in the area where the 
game land is located before establishing any 
archery or restricted zone. After the input 
meeting the public comments shall be 
presented to an official Commission meeting 
for final determination. 

(b) Littering. No person shall deposit any litter, trash, 
garbage, or other refuse at any place on any game land 
except in receptacles provided for disposal of such refuse 
at designated camping and target-shooting areas. No 
garbage dumps or sanitary landfills shall be established on 
any game land by any person, firm, corporation, county 
or municipality, except as permitted by the landowner. 

(c) Possession of Hunting Devices. It is unlawful to 
possess a firearm or bow and arrow on a game land at 
any time except during the open hunting seasons or 
hunting days for game birds or game animals, other than 
fox, thereon unless said device is cased or not 
immediately available for use, provided that such devices 
may be possessed and used by persons participating in 
field trials on field trial areas and on target shooting areas 
designated by the landowner, and possessed in designated 
camping areas for defense of persons and property; and 
provided further that .22 caliber pistols with barrels not 
greater than seven and one-half inches in length and 
shooting only short, long, or long rifle ammunition may 
be carried as side arms on game lands at any time other 
than by hunters during the special bow and arrow and 
muzzle-loading firearms deer hunting seasons and by 
individuals training dogs during closed season without 
field trial authorization. This Rule shall not prevent 
possession or use of a bow and arrow as a licensed 
special fishing device in those waters where such use is 
authorized. During the closed firearms seasons on big 
game (deer, bear, boar, wild turkey), no person shall 
possess a shotgun shell containing larger than No. 4 shot 
or any rifle or pistol larger than a .22 caliber rimfire 
while on a game land, except that shotgun shells 
containing any size steel or non-toxic shot may be used 
while waterfowl hunting. No person shall hunt with or 
have in possession any shotgun shell containing lead or 
toxic shot while hunting on any posted waterfowl 
impoundment on any game land, or while hunting 
waterfowl on Butner-Falls of Neuse Game Land or New 
Hope Game Land, except shotgun shells containing lead 
buckshot may be used while deer hunting. 

(d) Game Lands License 

(1) Hunting and Trapping 

(A) Requirement. Except as provided in Part 
(B) of this Subparagraph, any person 
entering upon any game land for the purpose 
of hunting, trapping, or participating in dog 
training or field trial activities must have in 
his possession a game lands license in 
addition to the appropriate hunting or 
trapping licenses. 



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(B) Exceptions 

(i) A person under 16 years of age may 

hunt on game lands on the license of his 

parent or legal guardian. 

(ii) The resident and nonresident 

sportsman's licenses include game lands 

use privileges. 

(iii) Judges and nonresidents participating in 

field trials under the circumstances set 

forth in Subsection (e) of this Rule may 

do so without the game lands license. 

(iv) On the game lands listed in Rule 

.0003(d)(1) of this Subchapter the game 

lands license is required only for hunting 

doves; all other activities are subject to 

the control of the landowners. 

(2) Trout Fishing. Any person 16 years of age or 

over, including an individual fishing with 

natural bait in the county of his residence, 

entering a game land for the purpose of 

fishing in designated public mountain trout 

waters located thereon must have in his 

possession a game lands license in addition to 

the regular fishing license and special trout 

license. The game lands license is not 

required to fish in that part of Slick Rock 

Creek which coincides with the Tennessee 

State line, or when fishing from boat on 

Calderwood Lake. The resident and 

nonresident sportsman's licenses and 

short-term comprehensive fishing licenses 

include trout fishing privileges on game lands. 

(e) Field Trials and Training Dogs. A person serving 

as judge of a field trial which, pursuant to a written 

request from the sponsoring organization, has been 

officially authorized in writing and scheduled for 

occurrence on a game land by an authorized 

representative of the Wildlife Resources Commission, and 

any nonresident participating therein may do so without 

procuring a game lands license, provided such nonresident 

has in his possession a valid hunting license issued by the 

state of his residence. 

Any individual or organization sponsoring a field trial 
on the Sandhills Field Trial grounds or the Laurinburg 
Fox Trial facility shall file with the commission's agent an 
application to use the area and facility accompanied by a 
check for the facility use fee computed at the rate of fifty 
dollars ($50.00) for each scheduled day of the trial. The 
total facility use fee will cover the period from 12:00 
noon of the day preceding the first scheduled day of the 
trial to 10:00 a.m. of the day following the last scheduled 
day of the trial. The facility use fee must be paid for all 
intermediate days on which for any reason trials are not 
run but the building or facilities are used or occupied. A 
fee of twenty-five dollars ($25.00) per day shall be 
charged to sporting, educational, or scouting groups for 
scheduled events utilizing the club house only. No person 



or group of persons or any other entity shall enter or use 
in any manner any of the physical facilities located on the 
Laurinburg Fox Trial or the Sandhills Field Trial grounds 
without first having obtained specific written approval of 
such entry or use from an authorized agent of the Wildlife 
Resources Commission, and no such entry or use of any 
such facility shall exceed the scope of or continue beyond 
the specific approval so obtained. 

The Sandhills Field Trial facilities shall be used only for 
field trials scheduled with the approval of the Wildlife 
Resources Commission. No more than 16 days of field 
trials may be scheduled for occurrence on the Sandhills 
facilities during any calendar month, and no more than 
four days may be scheduled during any calendar week; 
provided, that a field trial requiring more than four days 
may be scheduled during one week upon reduction of the 
maximum number of days allowable during some other 
week so that the monthly maximum of 16 days is not 
exceeded. Before October 1 of each year, the North 
Carolina Field Trial Association or other organization 
desiring use of the Sandhills facilities between October 22 
and November 1 8 and between December 3 and March 3 1 
must submit its proposed schedule of such use to the 
Wildlife Resources Commission for its consideration and 
approval. The use of the Sandhills Field Trial facilities at 
any time by individuals for training dogs is prohibited; 
elsewhere on the Sandhills Game Lands dogs may be 
trained only on Mondays, Wednesdays and Saturdays 
from October 1 through April 1. 

Dogs may not be trained or permitted to run unleashed 
from April 1 through August 15 on any game land located 
west of 1-95, except when participating in field trials 
sanctioned by the Wildlife Resources Commission. 

(0 Trapping. Subject to the restrictions contained in 
15A NCAC 10B .0110, .0302 and .0303, trapping of 
furbearing animals is permitted on game lands during the 
applicable open seasons, except that trapping is 
prohibited: 

(1) on the field trial course of the Sandhills Game 
Land; 

(2) on the Harmon Den and Sherwood bear 
sanctuaries in Haywood County; 

(3) in posted "safety zones" located on any game 
land; 

(4) by the use of multiple sets (with anchors less 
than 15 feet apart) or bait on the National 
Forest Lands bounded by the Blue Ridge 
Parkway on the south, US 276 on the north 
and east, and NC 215 on the west; 

f5) — ■ — on that portion of th e Butnor Falls of N e uo e 
Gam e Lands mark e d as th e P e nny — Bend 
Rabbit Research area; 

(5) (6)on Cowan's Ford Waterfowl Refuge in 
Gaston, Lincoln and Mecklenburg Counties; 

(6) Oon the Hunting Creek Swamp Waterfowl 
Refuge. 

On those areas of state-owned land known collectively 



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PROPOSED RULES 



as the Roanoke River Wetlands and including the 
Broadneck, Company Swamp, Conine Island, 
Speller-Outlaw and Urquhart tracts, controlled trapping is 
allowed under a permit system. For information contact 
the Division of Wildlife Management of the Wildlife 
Resources Commission. 

(g) Use of Weapons. No person shall hunt or 
discharge a firearm or bow and arrow from a vehicle, or 
within 200 yards of any building or designated camping 
area, or within, into, or across a posted "safety zone" on 
any game land. No person shall hunt with or discharge 
a firearm within, into, or across a posted "restricted zone" 
on any game land. 

(h) Vehicular Traffic. No person shall drive a 
motorized vehicle on any game land except on those roads 
constructed and maintained for vehicular travel and those 
trails posted for vehicular travel, unless such person: 

(1) is a participant in scheduled bird dog field 
trials held on the Sandhills Game Land; or 

(2) holds a special vehicular access identification 
card and permit issued by the Commission 
based upon competent medical evidence 
submitted by the person verifying that a 
handicap exists that limits physical mobility to 
the extent that normal utilization of the game 
lands is not possible without vehicular 
assistance. Persons meeting this requirement 
may operate electric wheel chairs, all terrain 
vehicles, and other passenger vehicles on 
ungated or open-gated roads otherwise closed 
to vehicular traffic on game lands owned by 
the Wildlife Resources Commission and on 
game lands whose owners have agreed to such 
use. Those game lands where this special rule 
applies will be designated in the game land 
rules and map book. This special access rule 
for disabled sportsmen does not permit 
vehicular access on fields, openings, roads, 
paths, or trials planted to wildlife food or 
cover. One able-bodied companion, who is 
identified by a special card issued to each 
qualified disabled person, may accompany a 
disabled person to provide assistance, 
provided the companion is at all time in visual 
or verbal contact with the disabled person. 
The companion may participate in all lawful 
activities while assisting a disabled person, 
provided license requirements are met. Any 
vehicle used by a qualified disabled person for 
access to game lands under this provision 
must prominently display the vehicular access 
permit issued by the Wildlife Resources 
Commission in the passenger area of the 
vehicle. 

(i) Camping. No person shall camp on any game land 
except on an area designated by the landowner for 
camping. 

(j) Swimming. Swimming is prohibited in the lakes 



located on the Sandhills Game Land. 

(k) Disabled Sportsman Program. In order to qualify 
for special hunts for disabled sportsmen listed in 15A 
NCAC 10D .0003 an individual must have in their 
possession a Disabled Sportsman permit issued by the 
Commission. In order to qualify for the permit, the 
applicant must provide medical certification of one or 
more of the following disabilities: 

(1) amputation of one or more limbs; 

(2) paralysis of one or more limbs; 

(3) dysfunction of one or more limbs rendering 
the person unable to perform the task of 
grasping and lifting with the hands and arms 
or unable to walk without mechanical 
assistance, other than a cane; 

(4) disease or injury or defect confining the 
person to a wheelchair, walker, or crutches; 
or 

(5) legal deafness, meaning the inability to hear 
and/or understand oral communications with 
or without assistance of amplification devices. 

Participants in the program, except those qualifying by 
deafness, may operate vehicles on ungated or open-gated 
roads normally closed to vehicular traffic on Game Lands 
owned by the Wildlife Resources Commission. Each 
program participant may be accompanied by one able- 
bodied companion provided such companion has in his 
possession the companion permit issued with the Disabled 
Sportsman permit. 

(1) Release of Animals. It is unlawful to release pen- 
raised animals or birds, or wild animals or birds on game 
lands without prior written authorization. 

Statutory Authority G.S. 113-134; 113-264; 113-270.3; 
113-291.2; 113-291.5; 113-305; 113-306. 

****************** 



N, 



oti.ce is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Wildlife Resources 
Commission intends to amend rule cited as 15 A NCAC 
10F .0317. 

Proposed Effective Date: July 1, 1995. 

A Public Hearing will be conducted at 10:00 a.m. on 
April 24, 1995 at the Archdale Building, 3rd Floor 
Conference Room, 512 N. Salisbury Street, Raleigh, NC 
27604-1188. 

Reason for Proposed Action: To establish a regulated 
speed zone on a designated body of water on Lake Tillery 
in Stanly County. 

Comment Procedures: Interested persons may present 
their views either orally or in writing at the hearing. In 
addition, the record of hearing will be open for receipt of 



38 



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PROPOSED RULES 



written comments from April 3, 1995 through May 3, 
1995. Such written comments must be delivered or mailed 
to the N.C. Wildlife Resources Commission, 512 N. 
Salisbury Street, Raleigh, NC 27604-1188. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of local government or state funds. 

CHAPTER 10 - WILDLIFE RESOURCES 
AND WATER SAFETY 

SUBCHAPTER 10F - MOTORBOATS 
AND WATER SAFETY 

.0317 STANLY COUNTY 

(a) Regulated Areas. This Rule applies to the 
following waters and portions of waters: 

(1) that portion of Narrows Reservoir (Badin 
Lake) which lies within the boundaries of 
Stanly County, 

(2) that portion of Lake Tillery which lies within 
the boundaries of Stanly County. 

(b) Speed Limit Near Ramps. No person shall operate 
a vessel at greater than no-wake speed within 50 yards of 
any public boat launching ramp while on the waters of a 
regulated area described in Paragraph (a) of this Rule. 

(c) Restricted Swimming Areas. No person operating 
or responsible for the operation of a vessel shall permit it 
to enter any marked public swimming area established 
with the approval of the Executive Director, or his 
representative, on the waters of a regulated area described 
in Paragraph (a) of this Rule. 

(d) Speed Limit in Specific Zones. No person shall 
operate a vessel at greater than no-wake speed within 50 
yards of the following marked zones located on any 
regulated area described in Paragraph (a) of this Rule: 

(1) Mountain Creek Cove. 

(e) (d)Placement and Maintenance of Markers. The 
Board of Commissioners of Stanly County is hereby 
designated a suitable agency for placement and 
maintenance of the markers hereby authorized, subject to 
the approval of the United States Coast Guard and the 
United States Army Corps of Engineers. With regard to 
marking the regulated areas described in Paragraph (a) of 
this Rule, supplementary standards as set forth in Rule 
.0301(g)(1) to (8) of this Section shall apply. 

Statutory Authority G.S. 75A-3; 75A-15. 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 

CHAPTER 50 - BOARD OF EXAMINERS 

OF PLUMBING, HEATING AND 

FTRE SPRINKLER CONTRACTORS 



K 



otice is hereby given in accordance with G.S. 
150B-21.2 that the State Board of Examiners of Plumbing, 
Heating & Fire Sprinkler Contractors intends to amend 
rules cited as 21 NCAC 50 .0402 and .0505. 

Proposed Effective Date: September 1, 1995. 

Public Hearing will be conducted at 8:30 a.m. on June 
28, 1995 at the State Board of Examiners of Plumbing, 
Heating & Fire Sprinkler Contractors, 801 Hillsborough 
Street, Suite 403, Raleigh, NC 27603. 

Reason for Proposed Action: 

21 NCAC 50 .0402 - To clarify the responsibility of the 

licensee to assure not only that the appropriate building 

permit is acquired from the unit of local government but 

also that the inspection which is expected to take place 

will be requested at the appropriate time. 

21 NCAC 50 .0505 - Clarification of enforcement 

standard of general supervision applied by Board pursuant 

to statute. 

Comment Procedures: Persons wishing to present oral 
data, views or argument on these proposed rule changes 
may do so at the public hearing. It is requested but not 
required that the Board's office be notified 2 days in 
advance of the public hearing. Comments should be 
limited to 10 minutes. The address of the Board is 801 
Hillsborough St., Suite 403, Raleigh, NC. Written 
comments or arguments may be presented no later than 
June 28, 1995. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of local government or state funds. 

SECTION .0400 - GENERAL PROCEDURES 

.0402 PERMITS 

(a) A licensed contractor shall assure that a permit is 
obtained from the local Code Enforcement official before 
commencing any work for which a license is required by 
the Board. The contractor shall also assure that a request 
for final inspection is made within 10 days of substantial 
completion of the work for which license is required, 
absent agreement with the owner and the local Code 
Enforcement official. 

(b) A licensed contractor shall not authorize permits to 
be obtained or allow his license number to appear on 
permits except for work over which he will provide 
general supervision until the completion of the work, for 
which he holds the contract and for which he receives all 
contractual payments. 

Statutory Authority G.S. 87-18; 87-26. 

SECTION .0500 - POLICY STATEMENT 



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PROPOSED RULES 



AND INTERPRETATIVE RULES 



the North Carolina General Statutes. 



.0505 GENERAL SUPERVISION AND 
STANDARD OF COMPETENCE 

(a) The general supervision required by G.S. 87-26 is 
that degree of supervision which is necessary and 
sufficient to ensure that the contract is performed in a 
workmanlike manner and with the requisite skill and that 
the installation is made properly, safely and in accordance 
with applicable codes and rules. General supervision 
requires that review of the work done pursuant to the 
license be performed while the work is in progress and 
the ability of the licensee to respond in a timely manner 
to problems that may arise during the hours when work 
being done under his license qualifications is in progress. 
A licensee is deemed unable to review the work or 
respond to problems during the hours when he is 
committed to an employer or firm other than the licensed 
firm. During the hours a licensee has committed himself 

licensed 



firm 



do 



to other employment, the 

plumbing, heatin g or fire sprinkler contracting work 

which is dependent upon the license qualifications of such 

licensee. Work performed by a licensed firm under the 

foregoing conditions is deemed to have been 

unsupervised. 

(b) The Board recognizes the provisions of the North 
Carolina Building Code, including the provisions of the 
Southern Building Code to the extent adopted by the 
Building Code Council of North Carolina from time to 
time as the minimum standard of competence applicable 
to contractors licensed by the Board. Licensees are 
required to design and install systems which meet or 
exceed the minim um standards of the North Carolina State 
Building Code and Manufacturer's specifications and 
installation instructions and accepted standards prevailing 
in the industry. 

Statutory Authority G.S. 87-18; 87-23; 87-26. 
****************** 

CHAPTER 53 - BOARD OF LICENSED 
PROFESSIONAL COUNSELORS 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Board of Licensed 
Professional Counselors intends to adopt rules cited as 21 
NCAC 53 .0205 - .0211; .0305 - .0310; .0403 - .0405; 
.0601 - .0604; amend 21 NCAC 53 .0204 and .0301. 

Proposed Effective Date: My 1. 1995. 

A Public Hearing will be conducted at 1:00 p.m. on May 
2, 1995 at the North Carolina Association of Educators , 
Dining Room, 700 S. Salisbury Street, Raleigh, NC. 

Reason for Proposed Action: These rules have been 
written in order to comply with Article 24, Chapter 90 of 



Comment Procedures: Interested persons may present 
written or oral statements relevant to the actions proposed 
at the hearing to be held as indicated above. Written 
statements not presented at the hearing should be 
submitted before May 3, 1995 to the following address: 
NCBLPC. PO Box 21005, Raleigh, NC 27619-1005. 

Fiscal Note: This Rule does not affect the expenditures or 
rexenues of local government or state funds. 

SECTION .0200 - DEFINITIONS AND 
CLARD7ICATION OF TERMS 

.0204 PROFESSIONAL DISCLOSURE 
STATEMENT 

A professional disclosure statement ref e rs to is a printed 
statement document that includes the licensee's 
professional credentials, the services offered, and the fee 
sch e dul e , following information: name of licensee: the 
licensee's highest relevant degree, year degree received, 
and name of institution granting the degree: names and 
numbers of all relevant credentials (licenses, certificates, 
registrations, etc): number of years of counseling 
experience: description of services offered and clientele 
(populations) served: length of sessions, specific fee or 
range of fees charged per session £if no fee is charged, a 
statement to that effect), and methods of payments for 
services, including information about billing/insurance 
reimbursement, EAP, contract, HMO, etc.; an 
explanation of confidentiality, including responsibilities 
and exceptions: a statement of procedure for registering 
complaints, including the full name and address of the 
Board; and signature and date spaces for both client and 
licensee . A current copy of this statement must be filed 
with and approved by the Board and a copy must be 
provided to each client prior to the performance of 
professional counseling services. Any changes in the 
disclosure statement must be submitted to and approved 
by the Board. The counselor must retain a file copy of 
the disclosure statement signed by each client. 

Statutory Authority G.S. 90-343; 90-334, 1993 S.L. c. 
514, s. 5. 

.0205 COUNSELING EXPERIENCE 

Counseling [counseling services as defined in G.S. 90- 
330 (a)(3)] experience applicable to the experience 
requirement for licensure consists of master's and post- 
master's supervised counseling experience in professional 
settings for a period of at least two years, including a 
minimum of 2,000 hours of such experience. To be 
applicable, experience must be gained at a rate of not less 
than eight hours per week. At least 100 hours of 
individual and/or group clinical supervision must be 
documented during the period of supervised experience at 
a rate of not less than one hour of clinical supervision per 



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PROPOSED RULES 



40 hours of experience, and at least three-quarters of the 
hours of clinical supervision must be individual. 

Statutory Authority G.S. 90-334 (i); 90-336 (b)(2). 



.0206 MASTER'S COUNSELING EXPERIENCE 

Master's counseling experience applicable to the 
experience requirement for licensure consists of 
supervised counseling experiences in professional settings 
in practica and internships which are part of the 
supervised course of study in the master's program in 
counseling in which the individual is enrolled. 

Statutory Authority G.S. 90-332.1 (a)(3); 90-3 34(i); 90- 
336 (b)(2). 

.0207 PROFESSIONAL SETTING 

A professional setting is one in which actual counseling 
occurs, i.e.. counseling services are offered to an 
identified clientele on a regular basis. Professional 
settings shall include, but not be limited to, such public 
and private settings as: mental health centers, hospitals, 
elementary and secondary schools, university and 
community college counseling centers, and supervised 
independent practices. 

Statutory Authority G.S. 90-3 34(i); 90-336 (b)(2). 

.0208 SUPERVISED PROFESSIONAL PRACTICE 

Supervised professional practice consists of counseling 
experience under the supervision of a qualified clinical 
supervisor, as defined by the Board, including a minimum 
of at least one hour of individual and/or group clinical 
supervision per 40 hours of counseling practice. At least 
three-quarters of the hours of clinical supervision must be 
individual. 

Statutory Authority G.S. 90-3 34(i); 90-336 (b)(2). 

.0209 QUALIFIED CLINICAL SUPERVISOR 

A qualified clinical supervisor is a licensed professional 
counselor with at least a master's degree in counseling 
and a minimum of five years of counseling experience. 
Other equivalently credentialed and qualified mental health 
professionals, as determined by the Board on a case-by- 
case basis, may be approved by the B oard. 

Statutory Authority G.S. 90-330 (a)(4); 90-3 34(i); 90-336 
(b)(2). 

.0210 INDIVIDUAL CLINICAL SUPERVISION 

Individual clinical supervision consists of face-to-face 
contact between supervisee and supervisor during which 
the supervisee's counseling experience is discussed and 
critiqued. The discussion and critique must be based on 
live observations, video-tapes, audio-tapes, or verbatim 
transcripts of actual counseling sessions conducted by the 



supervisee. Supervisee self- reports and process (case) 
notes may be used to supplement the more direct forms 
and records of the supervisee's counseling sessions, but 
may not be used exclusively in lieu of them. 

Statutory Authority G.S. 90-334(i); 90-336 (b)(2). 

.0211 GROUP CLINICAL SUPERVISION 

Group clinical supervision consists of face-to-face 
contact between groups of supervisees (not to exceed 10 
supervisees per group) and supervisor during which the 
supervisees' counseling experiences are discussed and 
critiqued. The discussions and critiques must be based on 
live observations, video-tapes, audio-tapes, or verbatim 
transcripts of actual counseling sessions conducted by the 
supervisees. Supervisee self-reports and process (case) 
notes may be used to supplement the more direct forms 
and records of the supervisees' counseling sessions, but 
may not be used exclusively in lieu of them. 

Statutory Authority G.S. 90-3 34(i); 90-336 (b)(2). 

SECTION .0300 - HOW TO 
OBTAIN LICENSURE 

.0301 APPLICATIONS 

Inquiries are to be directed to and applications and 
forms are to be obtained from and returned to the 
Administrator of the Board. A pplications must be 
submitted only on forms obtained directly from the Board 
office. 

Statutory Authority G.S. 90-334; 90-3 36(a); 1993 S.L. c. 
514, s. 5. 

.0305 EXAMINATION 

The National Counseling Examination (NCE) of the 
National Board for Certified Counselors (NBCQ is the 
examination required for licensure. The Board may 
accept similar examinations administered by other state 
counselor licensing boards and professional counselor 
credentialing associations on a case-bv-case basis if the 
Board determines that such examinations are equivalent to 
the NCE relative to content and minimum satisfactory 
performance level. 

Statutory Authority G.S. 90-334(g); 90-336 (b)(3); 90-337. 

.0306 REPORTrNG OF SCORES 

Each applicant for licensure shall be informed in writing 
whether s/he has passed or failed the examination. Each 
applicant's score and the score required for passing shall 
be reported. 

Statutory Authority G.S. 90-334(g); 90-336 (b)(3). 

.0307 RETAKING OF EXAMINATION 



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PROPOSED RULES 



A pplicants who do not pass the examination may retake 
it at the next regularly scheduled examination date upon 
registering and paving the required examination fee. 
A pplicants who fail the examination a second time during 
an application period shall be denied licensure; such 
applicants may reapply for licensure. 

Statutory Authority G.S. 90-3 34(g) (j). 

.0308 LPC BOARD ELIGIBLE STATUS 

A pplicants for licensure who have met all requirements 
except for the supervised experience requirement and who 
are exempt from licensure under the provisions of G.S. 
90-332.1 (a)(4) may be designated LPC Board Eligible 
upon approval by the Board of their arrangements for 
supervision during the period allowed by the Board to 
meet the remaining experience requirement. Individuals 
granted LPC Board Eligible status shall be bound by the 
same renewal and continuing education requirements as 
Licensed Professional Counselors. 

Statutory Authority G.S. 90-332.1 (a)(4); 90-336 (b)(2). 

.0309 RECEIPT OF APPLICATION 

A pplications and all supporting documentation must be 
received by the Board (not postmarked) by the close of 
the business day not less than 60 days prior to the next 
regularly scheduled examination date in order for 
applicants to be eligible to take the examination on that 
date. 

Statutory Authority G. S. 90-3 36(a). 

.0310 AGREEMENT TO ABIDE BY NCBLPC 
ETHICAL STANDARDS 

Upon application for initial license and upon application 
for each succeeding renewal of such license, if granted, 
each applicant shall sign a statement agreeing to abide by 
the ethical standards adopted by the Board. 

Statutory Authority G.S. 90-334(g); 90-336(a). 

SECTION .0400 -DISCIPLINARY 
PROCEDURES 

.0403 ALLEGED VIOLATIONS 

All complaints of alleged violations must be in writing 
and must be signed by the complainant(s). The name(s) 
will be kept confidential and written permission will be 
required for disclosure of the name(s) if any 
investigation/hearing is conducted . 

Statutory Authority G. S. 90-334. 

.0404 FORMAL COMPLAINTS 

Formal complaints of a Licensed Professional 
Counselor's unethical conduct must bear the complainant's 
signature, include the complainant's address and telephone 



number, date and location of the alleged violation(s). a 
detailed description of the incident(s). and required signed 
releases. 

Statutory Authority G. S. 90-334. 

.0405 DISCIPLINARY ACTIONS 

Board disciplinary actions may include the following: 

(1) Reprimand. Reprimand is a public rebuke and 
sanction by the Board for misconduct in the 
practice of counseling. The Board may require 
specific follow-up actions by the counselor. 

(2) Probation. Probation is a stay of suspension or 
revocation allowing limited practice within 
conditions stipulated by the Board. Violation of 
any of these conditions can result in suspension 
or revocation. 

(3) Suspension. Suspension is the withdrawal of 
privilege to practice for a specified period of 
time. 

(4) Revocation. Revocation is the withdrawal of 
privilege to practice as a licensed professional 
counselor in the State of North Carolina. 

Statutory Authority G. S. 90-334. 

SECTION .0600 - RENEWAL OF LICENSE 

.0601 RENEWAL PERIOD 

Newly issued licenses shall be effective upon the date of 
issuance by the Board and shall expire on the second June 
30 thereafter. The renewal period for a newly issued 
license, therefore, may be less than two years. Following 
the first renewal of a newly issued license, the renewal 
period shall be two years and shall run from July 1 in the 
first year through June 30 in the second year. 

Statutory Authority G.S. 90-339. 

.0602 RENEWAL REQUEST FORM 

Requests for license renewal shall be submitted on the 
original Request for Continuing Education Activities 
A pproval forms provided by the Board and in accordance 
with instructions provided by the Board. All requested 
information and supporting documentation must be 
provided and the forms must be signed and dated. 

Statutory Authority G.S. 90-334(g); 90-336(a); 90-339(b). 

.0603 CONTINUING EDUCATION 

(a) Continuing education js required for the renewal of 
licenses to ensure that Licensed Professional Counselors 
maintain their professional knowledge and competency in 
the field of counseling. Continuing education activities 
a ppropriate for the purpose of license renewal are those 
that are directed toward professionals in the mental health 
field and that focus on increasing knowledge and skills in 
the practice of counseling in one or more of the following 



( 



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PROPOSED RULES 



approved content areas as defined in the Board's License 
Renewal Guidelines: counseling theory; human growth 
and development; social and cultural foundations; the 
helping relationship; group dynamics, processing, and 
counseling; lifestyle and career development; appraisal of 
individuals; diagnosis and treatment planning; research 
and evaluation; and professional orientation. 

(b) Forty contact hours of continuing education are 
required within the two-year license renewal period. 
However, in the cases of newly issued licenses in which 
the initial renewal periods are less than two full years, 30 
contact hours are required. Contact hours are defined as 
the number of actual clock hours spent in direct 
participation in a structured education format as a learner. 
Typically, one Continuing Education Unit (CEU) is 
equivalent to 10 contact hours. In a college or university 
graduate course, one semester hour of credit is equivalent 
to .15 contact hours and one quarter hour of credit is 
equivalent to 10 contact hours. It is the responsibility of 
the LPC to engage in acceptable categories of continuing 
education and to secure required documentation as 
described in the Board's License Renewal Guidelines. 

Statutory Authority G.S. 90-334(g); 90-339(b). 

.0604 FAILURE TO SECURE SUFFICIENT 
CONTINUING EDUCATION FOR 
RENEWAL OF LICENSE 

Licensed Professional Counselors who fail to document 
sufficient appropriate continuing education activities to 
renew their licenses will be notified in writing of the 
deficiencies in their continuing education activities and 
will be allowed forty five (45) days from the date of 
notification to respond to the noted deficiencies- 
Continuing education activities cannot be undertaken 
during this period for the purpose of su pplementing the 
continuing education activities submitted on the renewal 
form. The licenses of LPCs who fail to respond within 
the forty five day period following notification shall lapse 
and be subject to the late renewal fee. LPCs who are 
unable to satisfactorily clarify the problem(s) with their 
continuing education activities have the option of retaking 
the National Counselor Examination (NCE) for the 
purpose of renewal of their lapsed licenses within one 
year of the expiration dates of their licenses (which in all 
cases fall on June 30 in the year of expiration). Passing 
results are required for license renewal. Failure to take 
and pass the NCE within one year after the license's 
expiration date will require that a license be reissued only 
upon application as for an original license. 

Statutory Authority G.S. 90-3 34(g); 90-339. 



10:1 NORTH CAROLINA REGISTER April 3, 1995 43 



RRC OBJECTIONS 



1 he Rules Review Commission (RRC) objected to the following rules in accordance 
agencies are required to respond to RRC as provided in G.S. 150B-21. 12(a). 



with G.S. 150B-21.9(a). State 



ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management 

ISA NCAC 7H .0308 - Specific Use Standards for Ocean Hazard Areas 
15A NCAC 7M .0202 - Policy Statements 

Environmental Health 

15A NCAC 18A .2801 - Definitions 

Rule Approved as Wrinen 
15A NCAC 18A .2810 - Specifications for Kitchens, Based on Number/Children 

Agency Re\ised Rule 

LICENSING BOARDS AND COMMISSIONS 

Board of Cosmetic Art Examiners 

21 NCAC 14F .0014 - Salon Renewal 

21 NCAC 141 .0401 - App. for Licensure by Individuals Who Have Been Convicted of a Felony 

21 NCAC 141 .0402 - Requests for Preapplication Review of Felony Convictions 

Board of Examiners of Electrical Contractors 

21 NCAC 18B .0901 - Applicants Convicted of Crimes 
No Response from Agency 

Board of Opticians 

21 NCAC 40 .0314 - Apprenticeship and Internship Requirements; Registration 
Agency Revised Rule 
No Response from Agency 
Agency Responded 
No Response from Agency 

PUBLIC EDUCATION 

Elementary and Secondary Education 

16 NCAC 6C .0207 - Prospective Teacher Scholarship Loans 

REVENUE 

Sales and Use Tax 



RRC Objection 
RRC Objection 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



RRC Objection 
RRC Objection 
RRC Objection 



RRC Objection 
Obj. Contd 



03/16/95 
03/16/95 



01/19/95 
02/16/95 
01/19/95 
02/16/95 



03/16/95 
03/16/95 
03/16/95 



01/19/95 
02/16/95 



RRC 


Objection 


11/17/94 


Obj. 


Contd 


11/17/94 


Obj. 


Contd 


12/15/94 


Obj. 


Cont d 


01/19/95 


Obj. 


Com d 


02/16/95 



RRC Objection 02/16/95 



17 NCAC 7B .1123 ■ 
17 NCAC 7B .5445 ■ 



Certain Sales to Commercial Livestock and Poultry Farmers 
Commercial Swine, Livestock and Poultry Farmers ' Cert. Form: E-599S 



SECRETARY OF STATE 

Notary Public Division 

18 NCAC 7 .0301 - Approved Course of Study- 
No Response from Agency- 
Rule Returned to Agency 

18 NCAC 7 .0302 - Instructors 
No Response from Agency- 
Rule Returned to Agency 



RRC Objection 
RRC Objection 



03/16/95 
03/16/95 



RRC Objection 


12/15/94 


Obj. Contd 


01/19/95 


Obj. Contd 


02/16/95 


RRC Objection 


12/15/94 


Obj. Contd 


01/19/95 


Obj. Contd 


02/16/95 


April 3, 1995 


10:1 



44 



NORTH CAROLINA REGISTER 



CONTESTED CASE DECISIONS 



J. his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the 
Office of Administrative Hearings, (919) 733-2698. 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



94 DOA 0803 Nesnow 



94 ABC 1168 



94 EHR 1037 



94 EHR 0924 



94 EHR 1777 



Mildred Recce, Calvin Recce v. DHR, Division of Facility Svcs, 
Domiciliary & Group Care Section 

Certificate of Need Section 

Retirement Villages, Inc. (Lessor), and Liberty Healthcare Ltd. 
Partnership (Lessee) D/B/A Countryside Villa of Duplin v. DHR, 
Division of Facility Services, Certificate of Need Section 

and 
Beaver Properties/Wallace, Inc., and Brian Center Health & Retirement/ 
Wallace, Inc. 



Becton 



94 CPS 1180 


Becton 


03/07/95 


94 CPS 1731 


Nesnow 


03/09/95 


94 CPS 1782 


Gray 


03/09/95 


94 EHR 1676 


Nesnow 


03/09/95 



ADMINISTRATION 

Division of Purchase and Contract 

Senter-Sanders Tractor Corp. v. Admin., Div of Purchase & Contract 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Albert Stanley Tomanec v. Alcoholic Beverage Control Commission 

CRIME CONTROL AND PUBLIC SAFETY 

Crime Victims Compensation Commission 

Wayne L. Utley v. Crime Victims Compensation Commission 
Thomasine Inman v. Crime Victims Compensation Commission 
Irmgard Gordos v. Crime Victims Compensation Commission 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Setter Bros. Inc. v. Environment, Health, and Natural Resources 

Davidson County Health Department 

John Dee Clodfelter v. Davidson County Health Dept.; EHNR 

Hyde County Health Department 

Fritzner Henry v. Hyde County Health Department 

Maternal and Child Health 

Philip Haskins v. EHNR, Div. of Maternal & Child Health 

EQUAL EMPLOYMENT OPPORTUNITY 

Marsha Dianne McKoy v. DHR, Div. of MH/DD/SAS, Caswell Center 94 EEO 0379 Chess 

HUMAN RESOURCES 

Division of Child Development 

Iola Malloy v. DHR, Division of Child Development 

Facility Services 



Chess 



Gray 



Chess 



94 DHR 0849 Mann 



94 DHR 1783 Gray 



94 DHR 0403 Chess 



03/06/95 



03/07/95 



03/13/95 



03/09/95 



03/09/95 



02/21/95 



03/03/95 



03/16/95 



12/14/94 



10:1 



NORTH CAROLINA REGISTER 



April 3, 1995 



45 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Division of Social Services 

Child Support Enforcement Section 



I 



Daniel J. Carter v. Department of Human Resources 
Elbert Quick v. Department of Human Resources 
Clement McMillan v. Department of Human Resources 
James R. Gray v. Department of Human Resources 
Lacy Green, Jr. v. Department of Human Resources 
Edwin A. Clarke v. Department of Human Resources 
Lucille B. Dutter v. Department of Human Resources 
Paul E. Strawcutter v. Department of Human Resources 
Robert G. Baker v. Department of Human Resources 
Julian Lattimore v. Department of Human Resources 
James McFadden v. Department of Human Resources 
Raymond B. Clontz Jr. v. Department of Human Resources 
Ruby Fewell Henry v. Department of Human Resources 
Ted C. Jenkins v. Department of Human Resources 
Anthony J. Gibbons v. Department of Human Resources 
Jeffrey Thomas Chambers v. Department of Human Resources 
Robert J. Holden v. Department of Human Resources 
Michael L. Wright v. Department of Human Resources 
Terry S. Gurganus v. Department of Human Resources 
John Napole-on Window Cross Pullium v. Department of Human 
Resources 

Michael J. Montroy v. Department of Human Resources 
Dennis L. Moore v. Department of Human Resources 
James Edward Knox, Jr. v. Department of Human Resources 
David House v. Department of Human Resources 
Aqustin S. Sanchez v. Department of Human Resources 
Paul A. Card v. Department of Human Resources 
Darrin Yancey v. Department of Human Resources 
Douglas L. Lucas v. Department of Human Resources 
Gregory D. Simpson v. Department of Human Resources 
Michael Lynn Avery v. Department of Human Resources 
Elvis M. Graham v. Department of Human Resources 
Shawn Fonvillc v. Department of Human Resources 
Larry R. Bales v. Department of Human Resources 
Karl Philip Jursen v. Department of Human Resources 
Robert F. Catoe Jr. v. Department of Human Resources 
William Anthony Winchester v. Department of Human Resources 
Aaron L. Clark v. Department of Human Resources 
Gary W. Gibson v. Department of Human Resources 
John E. Bolas Jr. v. Department of Human Resources 
Gary C. Wiggins v. Department of Human Resources 
Rhonnie J. Williams v. Department of Human Resources 
Danny Ray Hensley v. Department of Human Resources 
Garry G. Hickman v. Department of Human Resources 
Willie Herring v. Department of Human Resources 
Joe C. Dean v. Department of Human Resources 
Jimmie E. Barnes v. Department of Human Resources 
Richard J. Almeida v. Department of Human Resources 
Michael R. French v. Department of Human Resources 
John A. Jackson v. Department of Human Resources 
Cleothis B. Smith v. Department of Human Resources 
James Patterson v. Department of Human Resources 
Thomas Colon v. Department of Human Resources 
Marion Rodriguez v. Department of Human Resources 
Jerry L. White Sr. v. Department of Human Resources 
Dennis James Grimes v. Department of Human Resources 
Scott John Tozzi v. Department of Human Resources 
Roger A. Eaton v. Department of Human Resources 
Willie J. Flowers Jr. v. Department of Human Resources 
Jeffrey James Spence v. Department of Human Resources 
Byron C. Alston v. Department of Human Resources 
Richard G. Med ford, Jr. v. Department of Human Resources 
Marion A. Ward v. Department of Human Resources 
Michael A. Camp v. Department of Human Resources 



91 CSE 


1103 


Morrison 


03/03/95 


93 CSE 


1169 


Chess 


03/08/95 


93 CSE 


1208 


Chess 


03/08/95 


93 CSE 


1268 


Chess 


03/08/95 


93 CSE 


1295 


Chess 


03/08/95 


93 CSE 


1319 


Chess 


03/08/95 


93 CSE 


1558 


Chess 


03/13/95 


93 CSE 


1713 


Mann 


03/13/95 


94 CSE 


1094 


Chess 


03/06/95 


94 CSE 


1131 


Rally 


03/13/95 


94 CSE 1132 


West 


03/14/95 


94 CSE 


1149 


Nesnow 


03/03/95 


94 CSE 1157 


Nesnow 


03/16/95 


94 CSE 


1218 


Gray 


03/15/95 


94 CSE 


1219 


Gray 


03/15/95 


94 CSE 


1231 


Nesnow 


03/03/95 


94 CSE 1232 


Nesnow 


03/15/95 


94 CSE 


1237 


Gray 


03/15/95 


94 CSE 


1239 


Gray 


03/02/95 


94 CSE 


1241 


Gray 


03/15/95 


94 CSE 


1244 


Morrison 


03/13/95 


94 CSE 


1249 


Morrison 


03/02/95 


94 CSE 


1254 


Reilly 


03/13/95 


94 CSE 


1256 


Rally 


03/15/95 


94 CSE 


1259 


West 


03/06/95 


94 CSE 


1266 


Nesnow 


03/13/95 


94 CSE 


1269 


Nesnow 


03/15/95 


94 CSE 


1270 


Nesnow 


03/15/95 


94 CSE 


1272 


Becton 


03/15/95 


94 CSE 


1274 


Becton 


03/15/95 


94 CSE 


1275 


Becton 


03/15/95 


94 CSE 


1277 


Becton 


03/06/95 


94 CSE 


1302 


Gray- 


03/02/95 


94 CSE 


1303 


Gray 


03/15/95 


94 CSE 


1329 


Morrison 


03/15/95 


94 CSE 1331 


Rally 


03/15/95 


94 CSE 


1332 


Reilly 


03/15/95 


94 CSE 


1334 


West 


03/06/95 


94 CSE 


1336 


Nesnow 


03/15/95 


94 CSE 


1338 


Nesnow 


03/15/95 


94 CSE 


1339 


Becton 


03/15/95 


94 CSE 


1340 


Becton 


03/15/95 


94 CSE 


1348 


Gray 


03/15/95 


94 CSE 


1350 


Morrison 


03/02/95 


94 CSE 


1351 


Morrison 


03/15/95 


94 CSE 


1352 


Reilly 


03/03/95 


94 CSE 


1357 


Nesnow 


03/15/95 


94 CSE 


1359 


Becton 


03/15/95 


94 CSE 


1370 


Mann 


03/07/95 


94 CSE 


1373 


Gray 


03/15/95 


94 CSE 


1378 


Morrison 


03/15/95 


94 CSE 


1379 


Reilly 


03/15/95 


94 CSE 


1385 


Nesnow 


03/03/95 


94 CSE 


1387 


Nesnow 


03/15/95 


94 CSE 


1388 


Becton 


03/15/95 


94 CSE 


1389 


Becton 


03/15/95 


94 CSE 


1392 


Gray 


03/09/95 


94 CSE 


1393 


Morrison 


03/15/95 


94 CSE 


1394 


Reilly 


03/15/95 


94 CSE 


1396 


Nesnow 


03/03/95 


94 CSE 


1415 


Morrison 


03/02/95 


94 CSE 


1421 


Reilly 


03/03/95 


94 CSE 


1435 


Becton 


03/06/95 



♦ 



• 



46 



NORTH CAROLINA REGISTER 



April 3, 1995 



10.1 



CONTESTED CASE DECISIONS 



AGENCY 



Martin J. Miller v. Department of Human Resources 

Willie Cherry, Jr. v. Department of Human Resources 

William V. Glennon v. Department of Human Resources 

Alaster Williams v. Department of Human Resources 

Beau L. Miller v. Department of Human Resources 

Elizabeth F. West v. Department of Human Resources 

Lori Davis Humphrey v. Department of Human Resources 

Harold Dean Horn v. Department of Human Resources 

James B. Miller v. Department of Human Resources 

Glenn Allison v. Department of Human Resources 

Louis R. Salamone v. Department of Human Resources 

Michael E. Bellamy v. Department of Human Resources 

Eddie James Johnson v. Department of Human Resources 

Peter Ian Oliveira v. Department of Human Resources 

Ronald E. Lewis v. Department of Human Resources 

Tony Collins v. Department of Human Resources 

Marvin B. Harris v. Department of Human Resources 

Dennis Ray Alexander v. Department of Human Resources 

Joseph R. & Linda M. Grooms v. Department of Human Resources 

Robert M. Martin v. Department of Human Resources 

Louis Cragg ID v. Department of Human Resources 

Charles R. Hauley v. Department of Human Resources 

Michael L. Schadler v. Department of Human Resources 

Terrence R. McLaughlin v. Department of Human Resources 

Joel P. Roth v. Department of Human Resources 

Roger T. Benoy v. Department of Human Resources 

Kenneth J. Balfour v. Department of Human Resources 

David Lester Gordon v. Department of Human Resources 

Jimmy R. Jackson v. Department of Human Resources 

Mark A. Jones v. Department of Human Resources 

Ondino Damota Freitas v. Department of Human Resources 

Nelson Bennett v. Department of Human Resources 

Donald E. Kirby v. Department of Human Resources 

Paul R. Ross v. Department of Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AM 


DECISION 


REGISTER CITATION 


94 CSE 1436 


Becton 


03/06/95 




94 CSE 1439 


Chess 


03/03/95 




94 CSE 1444 


Mann 


03/07/95 




94 CSE 1445 


Gray 


03/02/95 




94 CSE 1452 


West 


03/07/95 




94 CSE 1455 


Nesnow 


03/07/95 




94 CSE 1459 


Becton 


03/06/95 




94 CSE 1471 


Mann 


03/07/95 




94 CSE 1472 


Mann 


03/07/95 




94 CSE 1473 


Gray 


03/02/95 




94 CSE 1474 


Gray 


03/09/95 




94 CSE 1477 


Morrison 


03/02/95 




94 CSE 1478 


Morrison 


03/02/95 




94 CSE 1489 


Becton 


03/07/95 




94 CSE 1491 


Becton 


03/07/95 




94 CSE 1511 


Gray 


03/02/95 




94 CSE 1533 


Morrison 


03/02/95 




94 CSE 1538 


Reilly 


03/03/95 




94 CSE 1539 


Reilly 


03/07/95 




94 CSE 1541 


Reilly 


03/07/95 




94 CSE 1543 


West 


03/06/95 




94 CSE 1554 


Becton 


03/07/95 




94 CSE 1555 


Becton 


03/07/95 




94 CSE 1569 


Chess 


03/07/95 




94 CSE 1572 


West 


03/14/95 




94 CSE 1579 


Reilly 


03/03/95 




94 CSE 1584 


Morrison 


03/07/95 




94 CSE 1609 


Mann 


03/13/95 




94 CSE 1648 


Gray 


03/09/95 




94 CSE 1649 


Morrison 


03/07/95 




94 CSE 1650 


Reilly 


03/07/95 




94 CSE 1656 


Gray 


03/02/95 




94 CSE 1767 


Reilly 


03/03/95 




94 CSE 1778 


West 


03/06/95 





JUSTICE 



Alarm Systems Licensing Board 

Patrick P. Sassman v. Alarm Systems Licensing Board 

Private Protective Services Board 



94 DOJ 1825 



Reilly 



03/09/95 



Lewis Austin Saintsing v. Private Protective Services Board 
Marcus T. Williams v. Private Protective Services Board 
Melvin Ray Cooper v. Private Protective Services Board 
Donnell E. Morrow, Jr. v. Private Protective Services Board 



94 DOJ 1000 


Chess 


03/03/95 


94 DOJ 1064 


Chess 


02/24/95 


94 DOJ 1635 


Reilly 


03/09/95 


94 DOJ 1823 


Reilly 


03/09/95 



STATE PERSONNEL 



Caswell County Health Department 

Julie R. Johnson v. Caswell County Health Department 

Department of Correction 



94 OSP 0865 



Reilly 



03/15/95 



Nancy Gilchrist v. Department of Correction 
Ruth Kearney v. Department of Correction 



94 OSP 0121 
94 OSP 1807 



West 
Becton 



03/09/95 
03/13/95 



Department of Human Resources 

Iredell County Department of Social Senices 



Vernon E. Grosse v. Iredell County Department of Social Services 94 OSP 0282 Becton 

Bonnie N. Bellamy v. Iredell County Department of Social Services 94 OSP 0739 Chess 



03/09/95 
03/01/95 



10:01 NCR 48 



UNC Hospitals 



10:1 



NORTH CAROLINA REGISTER 



April 3, 1995 



47 



CONTESTED CASE DECISIONS 



David Patrick Malone v. Univ. of NC Hospital at Chapel Hill 

STATE OF NORTH CAROLINA 
COUNTY OF IREDELL 



94 OSP 0771 



Bee ton 



03/14/95 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

94 OSP 0739 



BONNIE N. BELLAMY, 
Petitioner, 



IREDELL COUNTY DEPARTMENT 
OF SOCIAL SERVICES, 
Respondent. 



RECOMMENDED DECISION 



BACKGROUND 

This matter was heard in Newton, North Carolina on December 2, 1994, by Administrative Law Judge Sammie 
Chess, Jr. The Petitioner initiated the case on June 27, 1994, in order to appeal her suspension from the Respondent agency. 

The parties were allowed to file proposed findings of fact and conclusions of law. 

ISSUES 

1. Did the Respondent have just cause to suspend Petitioner? 

APPEARANCES 

Bonnie Bellamy, Pro Se 



For Petitioner: 
For Respondent: 



Susan Nye Surles 

Attorney 

Iredell County 

Department of Social Services 

Post Office Box 1146 

Statesville, North Carolina 28687 

Based on a preponderance of the evidence admitted into the record of this case, the Administrative Law Judge makes 
the following: 

FINDINGS OF FACT 

1. All parties are properly before the undersigned, and the Office of Administrative Hearings has jurisdiction 
over the parties and the subject matter. 

2. Petitioner filed a Petition for a Contested Case Hearing on June 27, 1994, to appeal the Respondent's 
decision to suspend her for two days without pay for personal conduct. 

3. Petitioner, Bonnie Bellamy, is employed as a Child Support Agent I with the Respondent, Iredell County 
Department of Social Services. 

4. Respondent, Iredell County Department of Social Services, does not have a dress code policy. On 
September 5, 1991, a Dress Code Committee, with representatives from each department, developed a Dress Code and 
distributed it to all employees. The Dress Code was amended on June 26, 1992. 



5. 



A dress code had been formulated and distributed but Petitioner testified that she never received notice. 



48 



NORTH CAROLINA REGISTER 



April 3, 1995 



10:1 



CONTESTED CASE DECISIONS 



6. The Petitioner was advised on May 31, 1994 by Kathy Williams, her immediate supervisor, that her apparel 
was not appropriate under the employee's dress code for the Iredell County Department of Social Services. 

7. Linda Abrams, Ms. Williams' immediate supervisor, gave Petitioner a direct order to go home and change, 
and advised her that if she did not do so, she would be suspended. 

8. Petitioner refused to go home and change her clothing because she felt strongly that she was not in violation 
of the dress code. 

9. On June 2, 1994, Petitioner, Bonnie Bellamy, was suspended for two days without pay for personal 
conduct. Her pre-suspension conference letter, dated June 2, 1994, stated, in part, that "Your refusal to accept and follow 
instructions and directives from your immediate supervisor and from your Income Maintenance Director on 5-3 1 -94 are the 
reasons for the suspension." 

10. The Petitioner does not dispute that the suspension itself was conducted in accordance with 25 NCAC II 
.2305(5). 

1 1 . Petitioner had worn the same or similar clothes many times after the dress code. All of her work clothes 
were of this style. 

12. Petitioner has been employed with the Iredell County Department of Social Services eleven (11) years prior 
to the dress code. 

13. The Dress Code has not kept other co-workers from wearing improper clothing and nothing was said to 
others when the apparel they wore was in violation of the dress code. 

14. The outfit worn by Petitioner had wide legs, a split skirt and came below her knees. See Petitioner's 
Exhibit #2. 

15. The Petitioner called Iris Mayberry as a witness who testified that she was a member of the dress code 
committee which had later amended the code to allow for split skirts and culottes and that she had told Petitioner that her 
outfit was appropriate because it was culottes. She did not consider it to be knee pants because pants fit closely to the leg. 
The outfit the Petitioner was wearing did not. 

16. The dress code in Item 9 excludes knee pants and calf length pants. As is clear in the amendment to the 
dress code dated June 26, 1992, culottes are not prohibited as long as they are not more than two inches above the knee. 
All parties seem to agree that the outfit Petitioner was wearing was not shorter than two inches above the knee. 

17. Ms. Abrams testified that she had advised Petitioner on May 25, 1994, that the outfit she was wearing, 
which was the same, or the same style, as the one she wore on May 31, was not appropriate and that she was not to wear 
it again. 

18. Marva Gibbs, a worker in the same section, wore a baby doll dress, ankle boots, tights and socks. She 
wore this dress on several work days after the dress code was put in effect. The supervisors have their offices in the 
immediate area where all they supervise can be seen. A coworker found Ms. Gibbs attire to be in violation of the dress code 
and personally offensive. However, no action was taken- The court finds this attire would violate the dress code 
promulgated. 

19. The court finds as a fact that it would not be likely under the circumstances that Petitioner's immediate 
supervisor did not see Ms. Gibbs' attire. 

20. After she was ordered to go home and change, Petitioner wanted the Director, Mr. Wall, to see what she 
was wearing but he refused to see her. 

21. The so-called dress code was not uniformly enforced. 

22. The so-called dress code was too vague and indefinite to be enforced. 



10:1 NORTH CAROLINA REGISTER April 3, 1995 49 



CONTESTED CASE DECISIONS 



23. Respondent, through counsel, contends that employees must do what they are told, regardless to whether 

the so-called dress code is valid or not. 

Based on the foregoing Stipulations and Findings of Fact, the Administrative Law Judge makes the following: 

CONCLUSIONS OF LAW 

1. As an employee of the Department of Social Services of Iredell County, the Petitioner is subject to the 
State Personnel Act, G.S. 126, and may be suspended only for just cause. The Respondent has burden of proof to establish 
just cause. N.C.G.S. 126-35. 

2. To limit or curtail any fundamental right, the state has a "substantial burden of justification." Griswald y^ 
Connecticut, 381 U.S. at 505, 85 S.Ct.1678. 

3. Although in Tinker v. Pes Moines Independent Community School District , 393 U.S. 503 89 S.Ct. 733, 
there was a school system involved, the principle is just as applicable here. In that case the court said: 

"In our system, state-operated schools may not be enclaves of totalitarianism. School 
officials do not possess absolute authority over students. They are possessed of 
fundamental rights which the State must respect." 

4. If students cannot be treated in a dictatorial manner, adults certainly cannot be ordered around based upon 
a dress code that is arbitrarily and capriciously enforced and which is in and of itself too vague and indefinite to be enforced. 

5. A supervisor was acting arbitrarily and capriciously when she ordered an employee of a county Social 
Services Department, Child Support Enforcement Section, to go home and change clothes, when that employee was in 
compliance with the so-called dress code. 42 USC Sect 1983, Constitutional Amendments, 1st and 14th. 

6. A dress code adopted by a committee of employees from a county Social Services Department, Child 
Support Enforcement Section, as to what type of skirt or pants female employees could wear, absent showing of justification 
therefore, would not be upheld on grounds that disciplinary power of the agency would otherwise be diminished. Breen y^ 
Kahl 419 F 2d. 1034, USC A Sect. 1983, Amendments 1st and 14th. 

7. A dress code must provide sufficient specificity that it may be clearly understood, to the end that compliance 
with the standard may not be thwarted because of inexactitude or misunderstanding. Peck y^ Stone 32 App. DW 506, 304 
NYS2d. 881. 

8. The evidence is undisputed regarding the fact that Petitioner's clothing was not in violation of the so-called 
dress code. Therefore, the Iredell Department of Social Services acted arbitrarily and capriciously when it suspended 
Petitioner for 2 days. Petitioner cannot be penalized for refusing to follow orders that infringed upon her fundamental rights 
in a free democratic society. (Articles 1 Sees 14 and 19 of the NC Constitution; Amendments 1 and 14 of the United States 
Constitution.) 

9. Petitioner was engaged in a proper performance of her assigned duties and was conducting herself in a 
lawful and proper way at the time of this occurrence. The Court finds that she did nothing wrong and should not be 
punished for the improper intrusion of others while acting in a proper manner. ( Tinker y^ Pes Moines Independent 
Community School District , supra) 

10. Respondent lacked just cause to suspend Petitioner. 

Based on the foregoing Stipulations, Findings of Facts, Conclusions of Law, and a preponderance of the substantial 
evidence in the record, the Administrative Law Judge makes the following: 

RECOMMENDED DECISION 

It is recommended that Respondent reverse its decision to suspend Petitioner for two days and expunge from its 
records all mention of the incidents of May 31, 1994, to the extent that they mention or relate in any way, including but not 
limited to, the dress code and the suspensions related thereto. It is further ordered that Petitioner should receive back pay 

50 NORTH CAROLINA REGISTER April 3, 1995 10:1 



CONTESTED CASE DECISIONS 



and retain benefits for the days she was wrongfully suspended by Respondent. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, P.O. 
Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy 
to the parties' attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the State Personnel Commission. 

This the 1st day of March, 1995. 



Sammie Chess, Jr. 
Administrative Law Judge 



10:1 NORTH CAROLINA REGISTER April 3, 1995 51 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



1 he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles 
and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in 
the North Carolina executive branch of government has been assigned a title number. Titles are further 
broken down into chapters which shall be numerical in order. The other two, subchapters and sections 
are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Speech & Language Pathologists & Audiologists 


64 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



52 



NORTH CAROLINA REGISTER 



April 3, 1995 



10:1 



CUMULATIVE INDEX 



Agency/Rule Citation 



Proposed in 
Register 



Proposed 

Effective 

Date 



Fiscal Note 



State Local 



Effective 
Date 



Other Information 



CORRECTION 



5 NCAC 5 


.0001 




10:01 NCR 12 


07/01/95 






CULTURAL RESOURCES 










7 NCAC 2F 


.0002 




10:01 NCR 12 


07/01/95 






ENVIRONMENT 


HEALTH, AND NATURAL RESOURCES 






15A NCAC 2B 


.0101 
.0104 
.0202 
.0211 
.0301 




10:01 NCR 13 
10:01 NCR 13 
10:01 NCR 13 
10:01 NCR 13 
10:01 NCR 13 








2D 


.0520 




10:01 NCR 13 


07/01/95 


X 


X 




.0531 




10:01 NCR 13 


07/01/95 


X 


X 




.0902 




10:01 NCR 13 


07/01/95 


X 


X 




.0909 




10:01 NCR 13 


07/01/95 


X 


X 




.0952 




10:01 NCR 13 


07/01/95 


X 


X 




,1402 




10:01 NCR 13 


07/01/95 


X 


X 




.1406 




10:01 NCR 13 


07/01/95 


X 


X 




.1409 




10:01 NCR 13 


07/01/95 


X 


X 




.1701 - 


.1702 


10:01 NCR 13 


07/01/95 


X 


X 




.1801 - 


.1803 


10:01 NCR 13 


07/01/95 


X 


X 


10B 


.0202 - 


.0203 


10:01 NCR 26 


07/01/95 








.0214 




10:01 NCR 26 


07/01/95 






10D 


.0002- 


.0003 


10:01 NCR 26 


07/01/95 






10F 


.0317 




10:01 NCR 26 


07/01/95 






FINAL DECISION LETTERS 










Voting Rights Act 






10:01 NCR 02 









Correction to Notice 
Correction to Notice 
Correction to Notice 
Correction to Notice 
Correction to Notice 



GOVERNOR'S EXECUTIVE ORDERS 

Number 72 10:01 NCR 01 



03/06/95 



LABOR 

13 NCAC 
13 NCAC 



10:01 NCR 10 
10:01 NCR 12 



01/01/96 
01/01/96 



PLUMBING, HEATING & FIRE SPRINKLER CONTRACTORS 

21 NCAC 50 .0402 10:01 NCR 39 09/01/95 

.0505 10:01 NCR 39 09/01/95 

PROFESSIONAL COUNSELORS 



21 NCAC 53 


.0204 - 


.0211 


10:01 NCR 40 


07/01/95 




.0301 




10:01 NCR 40 


07/01/95 




.0305 - 


.0310 


10:01 NCR 40 


07/01/95 




.0403 - 


.0405 


10:01 NCR 40 


07/01/95 




.0601 - 


.0604 


10:01 NCR 40 


07/01/95 


REVENUE 










Tax Review Board 






10:01 NCR 03 





Notice on Subject Matter 
Notice on Subject Matter 



10:1 



NORTH CAROLINA REGISTER 



April 3, 1995 



53 



I 



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